This text of Fed. R. Crim. P. 44 (Right to and Appointment of Counsel) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Text
(a)Right to Appointed Counsel. A defendant who is unable to ob-
tain counsel is entitled to have counsel appointed to represent the
defendant at every stage of the proceeding from initial appearance
through appeal, unless the defendant waives this right.
(b)Appointment Procedure. Federal law and local court rules
govern the procedure for implementing the right to counsel.
(c)Inquiry Into Joint Representation.
(1)Joint Representation. Joint representation occurs when:
(A)two or more defendants have been charged jointly
under Rule 8(b) or have been joined for trial under Rule 13;
and
(B)the defendants are represented by the same counsel,
or counsel who are associated in law practice.
(2)Court’s Responsibilities in Cases of Joint Representation.
The court must promptly inquire about th
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(a) Right to Appointed Counsel. A defendant who is unable to ob-
tain counsel is entitled to have counsel appointed to represent the
defendant at every stage of the proceeding from initial appearance
through appeal, unless the defendant waives this right.
(b) Appointment Procedure. Federal law and local court rules
govern the procedure for implementing the right to counsel.
(c) Inquiry Into Joint Representation.
(1) Joint Representation. Joint representation occurs when:
(A) two or more defendants have been charged jointly
under Rule 8(b) or have been joined for trial under Rule 13;
and
(B) the defendants are represented by the same counsel,
or counsel who are associated in law practice.
(2) Court’s Responsibilities in Cases of Joint Representation.
The court must promptly inquire about the propriety of joint
representation and must personally advise each defendant of
the right to the effective assistance of counsel, including sepa-
rate representation. Unless there is good cause to believe that
no conflict of interest is likely to arise, the court must take
appropriate measures to protect each defendant’s right to
counsel.
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct.
1, 1972; Apr. 30, 1979, eff. Dec. 1, 1980; Mar. 9, 1987, eff. Aug. 1, 1987;
Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002.)
Computing and Extending Time
(a) Computing Time. The following rules apply in computing any
time period specified in these rules, in any local rule or court
order, or in any statute that does not specify a method of comput-
ing time.
(1) Period Stated in Days or a Longer Unit. When the period
is stated in days or a longer unit of time:
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays,
Sundays, and legal holidays; and
(C) include the last day of the period, but if the last day
is a Saturday, Sunday, or legal holiday, the period con-
tinues to run until the end of the next day that is not a
Saturday, Sunday, or legal holiday.
(2) Period Stated in Hours. When the period is stated in
hours:
(A) begin counting immediately on the occurrence of the
event that triggers the period;
(B) count every hour, including hours during intermedi-
ate Saturdays, Sundays, and legal holidays; and
(C) if the period would end on a Saturday, Sunday, or
legal holiday, the period continues to run until the same
time on the next day that is not a Saturday, Sunday, or
legal holiday.
(3) Inaccessibility of the Clerk’s Office. Unless the court or-
ders otherwise, if the clerk’s office is inaccessible:
(A) on the last day for filing under Rule 45(a)(1), then the
time for filing is extended to the first accessible day that
is not a Saturday, Sunday, or legal holiday; or
(B) during the last hour for filing under Rule 45(a)(2),
then the time for filing is extended to the same time on
the first accessible day that is not a Saturday, Sunday, or
legal holiday.
(4) ‘‘Last Day’’ Defined. Unless a different time is set by a
statute, local rule, or court order, the last day ends:
(A) for electronic filing, at midnight in the court’s time
zone; and
(B) for filing by other means, when the clerk’s office is
scheduled to close.
(5) ‘‘Next Day’’ Defined. The ‘‘next day’’ is determined by con-
tinuing to count forward when the period is measured after an
event and backward when measured before an event.
(6) ‘‘Legal Holiday’’ Defined. ‘‘Legal holiday’’ means:
(A) the day set aside by statute for observing New Year’s
Day, Martin Luther King Jr.’s Birthday, Washington’s
Birthday, Memorial Day, Juneteenth National Independ-
ence Day, Independence Day, Labor Day, Columbus Day,
Veterans’ Day, Thanksgiving Day, or Christmas Day;
(B) any day declared a holiday by the President or Con-
gress; and
(C) for periods that are measured after an event, any
other day declared a holiday by the state where the dis-
trict court is located.
(b) Extending Time.
(1) In General. When an act must or may be done within a
specified period, the court on its own may extend the time, or
for good cause may do so on a party’s motion made:
(A) before the originally prescribed or previously ex-
tended time expires; or
(B) after the time expires if the party failed to act be-
cause of excusable neglect.
(2) Exception. The court may not extend the time to take
any action under Rule 35, except as stated in that rule.
(c) Additional Time After Certain Kinds of Service. Whenever a
party must or may act within a specified time after being served
and service is made under Rule 49(a)(4)(C), (D), and (E), 3 days are
added after the period would otherwise expire under subdivision
(a).
(As amended Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July
1, 1968; Mar. 1, 1971, eff. July 1, 1971; Apr. 28, 1982, eff. Aug. 1, 1982;
Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 9, 1987, eff. Aug. 1, 1987; Apr.
29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 30, 2007,
eff. Dec. 1, 2007; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec.
1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 26, 2018, eff. Dec. 1, 2018;
Apr. 24, 2023, eff. Dec. 1, 2023.)