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United States · Law · HR

H.R. 5864 (95th)

An Act to approve with modifications certain proposed amendments to the Federal Rules of Criminal Procedure, to disapprove other such proposed amendments, and for other related purposes.

openUnited States· United States Congress· EN

Introduced

31 March 1977

Last action

Status

Public Law 95-78.

Sponsors

Subjects

Discovery layer

Source updated

10 August 2026

Summary

Approves the proposed amendment to the Federal Rules of Criminal Procedure contained in an April 26, 1976, Supreme Court order permitting the parties to stipulate in writing that a verdict may be returned by a jury of less than 12 should the court find it necessary to dismiss a juror after trial commences. Approves proposed amendments contained in such order modified as follows: (1) revises the proposed amendment relative to disclosure of grand jury proceedings to restrict access to such information to only attorneys for the government and to deny access to those persons assisting such attorneys; and (2) revises the proposed amendment relative to factfinding in nonjury trials to require a special finding as to the facts unless such a finding is waived by the defendant. Disapproves three other proposed amendments contained in such order: (1) reducing the number of preemptory jury challenges and permitting a variance in the number of such challenges; (2) setting forth procedures for the removal of State prosecutions to Federal court; and (3) permitting issuance of search warrants in certain circumstances on the basis of oral testimony, communicated by telephone or otherwise, of a person not in the magistrate's presence.

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3 official files

Public Law (PDF)

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