Amendments were made to 5 rules. Go here for the text of the new rules.
Rule 5 (initial appearance) and Rule 58 (petty offenses and misdemeanors): were amended to require judges at pretrial proceedings to advise noncitizens of their right to consular notification arising under Article 6 of the Vienna Convention on Consular Relations.
Rule 6 (the grand jury):
this is a technical amendment correcting a statutory reference in subsection (e)(3)(D).
Rule 12 (pretrial motions):
quite a few changes to this rule.
- subsection (b)(1) now provides that any "defense, objection, or request" may be made prior to trial (assuming it can be raised prior to trial);
- subsection (b)(2) now addresses motions that may be made at any time, and includes only those motions that challenge a court's jurisdiction;
- subsection (b)(3) now addresses motions that must be made prior to trial, and enumerates 13 types:
- improper venue;
- preindictment delay
- speedy trial violation;
- selective or vindictive prosecution;
- grand jury or preliminary hearing challenges;
- duplicitous indictment;
- multiplicitous indictment;
- lack of specificity in indictment;
- improper joinder;
- failure to state an offense in the indictment
- severance; and
- subsection (c)(1) now provides that any motion must be filed prior to the start of trial (unless the court sets an earlier deadline);
- subsection (c)(2) now provides that a court may extend or reset a pretrial motion deadline at any time prior to trial;
- subsection (c)(3) now provides that a court may consider an untimely motion for good cause;
was amended to provide that a court may arrest judgment only if it does not have jurisdiction of the charged offense.