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Amended Rules of Criminal Procedure Effective Dec. 1

By Shari Allison

New Rules of Criminal Procedure go into effect Monday, December 1, 2008. Almost all the changes are attempts to implement the Crime Victims Rights Act, 18 U.S.C. § 3771. One important amendment is to Rule 17(c). The new rule provides that any subpoena requiring the production of personal or confidential information about a victim may be served on a third party only by court order and before entering the order the court must require that the victim get notice to enable the victim to move to quash. Other changes: Rule 1 defines victim by referring to the relevant provision, § 3771(e), which eliminated the requirement that the victim be the victim of a crime of violence or sexual abuse. Any crime will do. Rule 12.1, the alibi notice rule, requires the government to provide the address and phone number of the victim in response to an alibi notice only if the defendant establishes a need for that information...continue to full post

Full post as published by Tenth Circuit Blog on November 25, 2008 (boomark / email).