2013 US Code
Title 18 - Crimes and Criminal Procedure
Appendix (§§ 1201 - 61)
FEDERAL RULES OF CRIMINAL PROCEDURE (rules 1 - 61)
TITLE IX. GENERAL PROVISIONS (rules 43 - 61)
Rule 56 - When Court Is Open
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE TITLE 18 - APPENDIX FEDERAL RULES OF CRIMINAL PROCEDURE TITLE IX. GENERAL PROVISIONS Rule 56 - When Court Is Open |
Contains | rule 56 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | As amended Dec. 27, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; Apr. 25, 1988, eff. Aug. 1, 1988; Apr. 29, 2002, eff. Dec. 1, 2002. |
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(b)
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(As amended Dec. 27, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; Apr. 25, 1988, eff. Aug. 1, 1988; Apr. 29, 2002, eff. Dec. 1, 2002.)
NOTES OF ADVISORY COMMITTEE ON RULES—19441. The first sentence of this rule is substantially the same as Rule 77(a) of the Federal Rules of Civil Procedure [28 U.S.C., Appendix], except that it is applicable to circuit courts of appeals as well as to district courts.
2. In connection with this rule, see 28 U.S.C. [former] 14 (Monthly adjournments for trial of criminal causes) and sec. 15 [now 141] (Special terms). These sections "indicate a policy of avoiding the hardships consequent upon a closing of the court during vacations," Abbott v. Brown, 241 U.S. 606, 611.
3. The second sentence of the rule is identical with the first sentence of Rule 77(c) of the Federal Rules of Civil Procedure [28 U.S.C., Appendix].
4. The term "legal holidays" includes Federal holidays as well as holidays prescribed by the laws of the State where the clerk's office is located.
NOTES OF ADVISORY COMMITTEE ON RULES—1948 AMENDMENTTo incorporate nomenclature provided for by Revised Title 28, U.S.C. §43(a).
NOTES OF ADVISORY COMMITTEE ON RULES—1966 AMENDMENTThe change is in conformity with the changes made in Rule 45. See the similar changes in Civil Rule 77(c) made effective July 1, 1963.
NOTES OF ADVISORY COMMITTEE ON RULES—1968 AMENDMENTThe provisions relating to courts of appeals are included in Rule 47 of the Federal Rules of Appellate Procedure.
NOTES OF ADVISORY COMMITTEE ON RULES—1971 AMENDMENTThe amendment adds Columbus Day to the list of legal holidays. See the Note accompanying the amendment of Rule 45(a).
NOTES OF ADVISORY COMMITTEE ON RULES—1988 AMENDMENTThe amendment is technical. No substantive change is intended.
COMMITTEE NOTES ON RULES—2002 AMENDMENTThe language of Rule 56 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
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