Arraignment

U.S Code last checked for updates: Jan 30, 2025

Rule 10.

Arraignment

(a)

In General.

An arraignment must be conducted in open court and must consist of:

(1)

ensuring that the defendant has a copy of the indictment or information;

(2)

reading the indictment or information to the defendant or stating to the defendant the substance of the charge; and then

(3)

asking the defendant to plead to the indictment or information.

(b)

Waiving Appearance.

A defendant need not be present for the arraignment if:

(1)

the defendant has been charged by indictment or misdemeanor information;

(2)

the defendant, in a written waiver signed by both the defendant and defense counsel, has waived appearance and has affirmed that the defendant received a copy of the indictment or information and that the plea is not guilty; and

(3)

the court accepts the waiver.

(c)

Video Teleconferencing.

Video teleconferencing may be used to arraign a defendant if the defendant consents.

(As amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.)