Rule 40 Federal Rules of Criminal Procedure

Rule 40 of the Federal Rules of Criminal Procedure is about Arrest for Failing to Appear in Another District or for Violating Conditions of Release Set in Another District. It is under Title VIII (Supplementary and Special Proceedings) of the Rules.

(a) In General. A person must be taken without unnecessary delay before a magistrate judge in the district of arrest if the person has been arrested under a warrant issued in another district for:

(i) failing to appear as required by the terms of that person’s release under 18 U.S.C. §§3141 –3156 or by a subpoena; or

(ii) violating conditions of release set in another district.

(b) Proceedings. The judge must proceed under Rule 5(c)(3) as applicable.

(c) Release or Detention Order. The judge may modify any previous release or detention order issued in another district, but must state in writing the reasons for doing so.

(d) Video Teleconferencing. Video teleconferencing may be used to conduct an appearance under this rule if the defendant consents.