Rule 40 — Arrest for Failing to Appear in Another District or for Vio- lating Conditions of Release Set in Another District

Fed. R. Crim. P. 40

• Source: Federal Rules of Criminal Procedure
• Rule: 40
• TITLE VIII: SUPPLEMENTARY AND SPECIAL PROCEEDINGS
• Citation: Fed. R. Crim. P. 40

Text

(a) In General. A person must be taken without unnecessary
delay before a magistrate judge in the district of arrest if the per-
son has been arrested under a warrant issued in another district
for:
(i) failing to appear as required by the terms of that person’s
release under 18 U.S.C. §§3141–3156 or by a subpoena; or
(ii) violating conditions of release set in another district.
(b) Proceedings. The judge must proceed under Rule 5(c)(3) as
applicable.
(c) Release or Detention Order. The judge may modify any pre-
vious release or detention order issued in another district, but
must state in writing the reasons for doing so.
(d) Video Teleconferencing. Video teleconferencing may be used
to conduct an appearance under this rule if the defendant con-
sents.

Advisory Committee Notes

(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 30, 1979, eff. Aug. 1, 1979; Pub. L. 96–42, §1(2), July 31, 1979, 93 Stat. 326; Apr. 28, 1982, eff. Aug. 1, 1982; Pub. L. 98–473, title II, §§209(c), 215(d), Oct. 12, 1984, 98 Stat. 1986, 2016, eff. Oct. 12, 1984, and Nov. 1, 1987; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 26, 2011, eff. Dec. 1, 2011.)