Rule 1 — Scope; Definitions

Fed. R. Crim. P. 1

• Source: Federal Rules of Criminal Procedure
• Rule: 1
• TITLE I: APPLICABILITY
• Citation: Fed. R. Crim. P. 1

Text

(a) Scope.
(1) In General. These rules govern the procedure in all crimi-
nal proceedings in the United States district courts, the
United States courts of appeals, and the Supreme Court of the
United States.
(2) State or Local Judicial Officer. When a rule so states, it
applies to a proceeding before a state or local judicial officer.
(3) Territorial Courts. These rules also govern the procedure
in all criminal proceedings in the following courts:
(A) the district court of Guam;
(B) the district court for the Northern Mariana Islands,
except as otherwise provided by law; and
(C) the district court of the Virgin Islands, except that
the prosecution of offenses in that court must be by indict-
ment or information as otherwise provided by law.
(4) Removed Proceedings. Although these rules govern all
proceedings after removal from a state court, state law gov-
erns a dismissal by the prosecution.
(5) Excluded Proceedings. Proceedings not governed by these
rules include:
(A) the extradition and rendition of a fugitive;
(B) a civil property forfeiture for violating a federal stat-
ute;
(C) the collection of a fine or penalty;
(D) a proceeding under a statute governing juvenile de-
linquency to the extent the procedure is inconsistent with
the statute, unless Rule 20(d) provides otherwise;
(E) a dispute between seamen under 22 U.S.C. §§256–258;
and
(F) a proceeding against a witness in a foreign country
under 28 U.S.C. §1784.
(b) Definitions. The following definitions apply to these rules:
(1) ‘‘Attorney for the government’’ means:
(A) the Attorney General or an authorized assistant;
(B) a United States attorney or an authorized assistant;
(C) when applicable to cases arising under Guam law, the
Guam Attorney General or other person whom Guam law
authorizes to act in the matter; and
(D) any other attorney authorized by law to conduct pro-
ceedings under these rules as a prosecutor.
(2) ‘‘Court’’ means a federal judge performing functions au-
thorized by law.

(3) ‘‘Federal judge’’ means:
(A) a justice or judge of the United States as these terms
are defined in 28 U.S.C. §451;
(B) a magistrate judge; and
(C) a judge confirmed by the United States Senate and
empowered by statute in any commonwealth, territory, or
possession to perform a function to which a particular rule
relates.
(4) ‘‘Judge’’ means a federal judge or a state or local judicial
officer.
(5) ‘‘Magistrate judge’’ means a United States magistrate
judge as defined in 28 U.S.C. §§631–639.
(6) ‘‘Oath’’ includes an affirmation.
(7) ‘‘Organization’’ is defined in 18 U.S.C. §18.
(8) ‘‘Petty offense’’ is defined in 18 U.S.C. §19.
(9) ‘‘State’’ includes the District of Columbia, and any com-
monwealth, territory, or possession of the United States.
(10) ‘‘State or local judicial officer’’ means:
(A) a state or local officer authorized to act under 18
U.S.C. §3041; and
(B) a judicial officer empowered by statute in the Dis-
trict of Columbia or in any commonwealth, territory, or
possession to perform a function to which a particular rule
relates.
(11) ‘‘Telephone’’ means any technology for transmitting
live electronic voice communication.
(12) ‘‘Victim’’ means a ‘‘crime victim’’ as defined in 18 U.S.C.
§3771(e).1
(c) Authority of a Justice or Judge of the United States. When
these rules authorize a magistrate judge to act, any other federal
judge may also act.

Advisory Committee Notes

(As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 28, 1982, eff. Aug. 1, 1982; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 26, 2011, eff. Dec. 1, 2011.)