Sanctions for Not Producing a Statement Sample Clauses

Sanctions for Not Producing a Statement. If a party disobeys a Rule 26.2 order to deliver a statement to the moving party, the mag- istrate judge must not consider the testimony of a witness whose statement is withheld. (Added Apr. 24, 1972, eff. Oct. 1, 1972; amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009.) NOTES OF ADVISORY COMMITTEE ON RULES—1972 Rule 5.1 is, for the most part, a clarification of old rule 5(c). Under the new rule, the preliminary examination must be conducted before a ‘‘federal magistrate’’ as de- fined in rule 54. Giving state or local judicial officers authority to conduct a preliminary examination does not seem necessary. There are not likely to be situa- tions in which a ‘‘federal magistrate’’ is not ‘‘reason- ably available’’ to conduct the preliminary examina- tion, which is usually not held until several days after the initial appearance provided for in rule 5. (a) makes clear that a finding of probable cause may be based on ‘‘hearsay evidence in whole or in part.’’ The propriety of relying upon hearsay at the preliminary examination has been a matter of some un- certainty in the federal system. See X. Xxxxxx, Federal Practice and Procedure: Criminal § 80 (1969, Supp. 1971); 8 X. Xxxxx, Federal Practice ¶ 504[4] (2d ed. Cipes 1970, Supp. 1971); Washington x. Xxxxxxx, 339 F.2d 715, 719 (D.C. Cir. 1964); Washington x. Xxxxxxx, 339 F.2d 725, 728 (D.C. Cir. 1964); Xxxx x. Xxxxxx, 380 F.2d 557, 565 (D.C. Cir. 1967); Ho ard v. United States, 389 F.2d 287, 292 (D.C. Cir. 1967); Xxxxxxxx and Xxxxxxxx, The Congressional Invi- tation to Avoid the Preliminary Hearing: An Analysis of Section 303 of the Federal Magistrates Act of 1968, 67 Mich.L.Rev. 1361, especially n. 92 at 1383 (1969); X. Xxxxxx, The Rules of Evidence Applicable to Hearings in Probable Cause, 37 Conn.X.X. 561 (1963); Comment, Preliminary Examination—Evidence and Due Process, 15 Kan.L.Rev. 374, 379–381 (1967). A grand jury indictment may properly be based upon hearsay evidence. Xxxxxxxx v. United States, 350 U.S. 359 (1956); 8 X. Xxxxx, Federal Practice ¶ 6.03[2] (2d ed. Cipes 1970, Supp. 1971). This being so, there is practical ad- vantage in making the evidentiary requirements for the preliminary examination as flexible as they are for the grand jury. Otherwise there will be increased pres- sure upon United States Attorneys to abandon the pre- liminary examination in favor of the grand...
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Sanctions for Not Producing a Statement. If a party disobeys a Rule 26.2 order to produce a witness’s statement, the court must not con- sider that witness’s testimony at the deten- tion hearing. (As amended Apr. 9, 1956, eff. July 8, 1956; Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Pub. L. 98–473, title II, § 209(d), Oct. 12, 1984, 98 Stat. 1987; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Pub. L. 103–322, title XXXIII, § 330003(h), Sept. 13, 1994, 108 Stat. 2141; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1944 3141]. statement of existing law, 28 U.S.C. [former] 657.
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Sanctions for Not Producing a Statement. If a party disobeys a Rule 26.2 order to produce a witness’s statement, the court must not con- sider that witness’s testimony at the deten- tion hearing. (As amended Apr. 9, 1956, eff. July 8, 1956; Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Pub. L. 98–473, title II, § 209(d), Oct. 12, 1984, 98 Stat. 1987; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Pub. L. 103–322, title XXXIII, § 330003(h), Sept. 13, 1994, 108 Stat. 2141; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1944 3141]. Page 171 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Rule 46 existing practice, and is based in part on 6 U.S.C. 15 [now 31 U.S.C. 9103] (Bonds or notes of United States in lieu of recognizance, stipulation, bond, guaranty, or undertaking; place of deposit; return to depositor; con- tractors’ bonds). of A.L.I. Code of Criminal Procedure introducing, how- ever, an element of flexibility. Corporate sureties are regulated by 6 U.S.C. 6–14 [now 31 U.S.C. 9304–9308].
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