Rule 60 — Victim’s Rights

Fed. R. Crim. P. 60

• Source: Federal Rules of Criminal Procedure
• Rule: 60
• TITLE IX: GENERAL PROVISIONS
• Citation: Fed. R. Crim. P. 60

Text

(a) In General.
(1) Notice of a Proceeding. The government must use its best
efforts to give the victim reasonable, accurate, and timely no-
tice of any public court proceeding involving the crime.
(2) Attending the Proceeding. The court must not exclude a
victim from a public court proceeding involving the crime, un-
less the court determines by clear and convincing evidence
that the victim’s testimony would be materially altered if the
victim heard other testimony at that proceeding. In determin-
ing whether to exclude a victim, the court must make every
effort to permit the fullest attendance possible by the victim
and must consider reasonable alternatives to exclusion. The
reasons for any exclusion must be clearly stated on the record.
(3) Right to Be Heard on Release, a Plea, or Sentencing. The
court must permit a victim to be reasonably heard at any pub-
lic proceeding in the district court concerning release, plea, or
sentencing involving the crime.
(b) Enforcement and Limitations.
(1) Time for Deciding a Motion. The court must promptly de-
cide any motion asserting a victim’s rights described in these
rules.
(2) Who May Assert the Rights. A victim’s rights described in
these rules may be asserted by the victim, the victim’s lawful
representative, the attorney for the government, or any other
person as authorized by 18 U.S.C. §3771(d) and (e).1
(3) Multiple Victims. If the court finds that the number of
victims makes it impracticable to accord all of them their
118 U.S.C. §3771(e) was redesignated 18 U.S.C. §3771(e)(2) by Pub. L. 114–22, title I, §113(a)(3)(A),
May 29, 2015, 129 Stat. 240.

rights described in these rules, the court must fashion a rea-
sonable procedure that gives effect to these rights without un-
duly complicating or prolonging the proceedings.
(4) Where Rights May Be Asserted. A victim’s rights described
in these rules must be asserted in the district where a defend-
ant is being prosecuted for the crime.
(5) Limitations on Relief. A victim may move to reopen a
plea or sentence only if:
(A) the victim asked to be heard before or during the
proceeding at issue, and the request was denied;
(B) the victim petitions the court of appeals for a writ of
mandamus within 10 days after the denial, and the writ is
granted; and
(C) in the case of plea, the accused has not pleaded to the
highest offense charged.
(6) No New Trial. A failure to afford a victim any right de-
scribed in these rules is not grounds for a new trial.

Advisory Committee Notes

(As added Apr. 23, 2008, eff. Dec. 1, 2008.)