Rules of Criminal Procedure

--- title: Rules of Criminal Procedure --- <style type="text/css"> body { text-align: justify; } </style> # Rules of Criminal Procedure These Rules should be cited as the Mayfl. R. Crim. P. #(#)(Letter/Number). For example, Mayfl. R. Crim. P. 1(1)(1) would properly cite the first clause of the first subsection under Rule 1. ### RULE 1 - SCOPE 1. These rules shall govern the procedure in all criminal proceedings in state courts including proceedings involving direct and indirect criminal contempt, proceedings ### RULE 2 - ARREST AND SEARCH WARRANTS 1. **APPLICATION FOR ARREST AND SEARCH WARRANT** 1. Law enforcement officers may submit an application for arrest or search warrants in accordance with the constitution, law, court and department rules. Arrest warrants may only be applied for during cases in which exigent circumstances exist and the person has left the immediate presence of law enforcement officers [LTAA] who have probable cause, or in connection with a filed Criminal Indictment or Information. 3. Judges may order a law enforcement officer to detain and bring before him any criminal defendant who fails to appear to proceedings [in discord], and release him once he appears to the proceedings. 4. Search and Seizure warrants shall only be issued upon valid application of probable cause, and that the scope of such searches shall be limited to the probable cause that the item be within such particularized scope. 2. **EXECUTION OF;** 1. Upon the completion of any arrest or search warrants, law enforcement officers shall provide notice to the issuing judge within a reasonable period.   3. **ARREST WARRANT; CONSTRUCTION.** 1. **Form.** An arrest warrant is valid if: 1. it is applied for by a law enforcement officer of the State of Mayflower or by the government with a supporting affidavit; 2. it identifies the affiant to whom the warrant is addressed, that being: 1. the name of the law enforcement agency; 2. a direction to any/all law enforcement officer; 3. a specific person authorized to execute such warrants; 3. it clearly states the criminal offense the person is suspected of committing; 4. it contains the name of the person suspected of committing the offense(s); 5. it commands that the defendant be arrested and brought without unnecessary delay before a magistrate judge or district court judge; and 6. in the case of a paper warrant, it bears the handwritten signature of the issuing judge, or in the case of an electronic warrant, it contains either the user-tag of the issuing judge (e.g. "@user-tag") or the judge's name as recorded in the CLEAR dispatch system. 2. **Service and Execution.** An arrest warrant shall be personally served and executed by the affiant or his/her agency, unless requested otherwise by the government, in which case the issuing judge may authorize execution by any law enforcement officer or some other peace officer. Any change in the affiant shall be recorded by the issuing judge in the designated warrant channel maintained by that court. 3. **Retun and Proof of Execution.** Upon completion of the warrant's service and execution, the executing officer shall arrest the person named in the warrant. Evidence that the warrant has been executed shall consist of either a written receipt and statement returned to the court, or a recording of the arrest submitted to the court. The written receipt or recording shall constitute *prima facie* evidence of service and execution. 4. **Probable Cause.** A judicial finding of probable cause in the issuance of an arrest warrant shall also constitute a finding of probable cause for purposes of Mayfl. R. Crim. P. 3. The court may, in its discretion, waive any subsequent probable cause determination on that basis.  4. **SEARCH WARRANT; CONSTRUCTION.** 1. **Form.** A search warrant is valid if: 1. it is applied for by a law enforcement officer of the State of Mayflower or by the government with a supporting affidavit; 2. it identifies the affiant to whom the warrant is addressed, that being: 1. the name of the law enforcement agency; 2. a direction to any/all law enforcement officer; 3. a specific person authorized to execute such warrants; 3. it clearly describes with particularity the items or property to be seized; 4. it states with specificity either: 1. the location, property or properties in which such items are likely to be found; or 2. that the items are likely to be found on the person of a named individual, with facts supporting such likelihood; 6. it contains the name of the person who is the subject of the search; 7. it authorizes the affiant to execute a search of the location, property or properties, and to seize items, in accordance with applicable law, described in the warrant if found at the location, property or properties specified; and 8. in the case of a paper warrant, it bears the handwritten signature of the issuing judge, or in the case of an electronic warrant, it contains either the user-tag of the issuing judge (e.g. "@user-tag") or the judge's name as recorded in the CLEAR dispatch system. 2. **Service and Execution.** A search warrant shall be personally served and executed by the affiant or his/her agency, unless requested otherwise by the government, in which case the issuing judge may authorize execution by any law enforcement officer or some other peace officer. Any change in the affiant shall be recorded by the issuing judge in the designated warrant channel maintained by that court. 3. **Retun and Proof of Execution.** Upon completion of the warrant's service and execution, the executing officer shall seize the items specified in the warrant, and any additional items subject to seizure under applicable law. A receipt and written inventory of the items seized shall be returned to the court. The receipt and inventory shall constitute *prima facie* evidence that the warrant has been executed.  5. **AFFIDAVITS.** 1. **Definitions.** For purposes of this Rule: 1. "physical paper" means a tangible, printed document; 2. "electronic copy of a physical paper" means an intangible representation of a physical paper which is intangible in Portable Document Format ("PDF"), or a similar format, that is stored and hosted on a cloud storage service or internet-based platform; and 3. “virtual excerpt” means an electronic entry or excerpt of any physical paper or electronic copy of a physical paper, viewed on an electronic device, in a format such as (but not limited to) an embedded message within an online communication platform. 2. **Affidavits Supporting an Arrest Warrant.** An arrest warrant shall issue only upon the presentation of a physical paper, electronic copy of a physical paper, or a virtual excerpt of an affidavit containing, in any order: 1. a statement or statements, made under oath or affirmation, establishing probable cause to believe that a particular person or persons have committed a criminal offense; 2. a statement of purpose for which the warrant is being sought; 3. a set of factual allegations which are limited and sufficient enough to support a finding of probable cause; and 4. optional supplementing evidence in support of the affidavit. 5. **Affidavits Supporting a Search Warrant.** A search warrant shall issue only upon the presentation of a physical paper, electronic copy of a physical paper, or a virtual excerpt of an affidavit containing, in any order: 1. a statement or statements, made under oath or affirmation, establishing probable cause to believe that a person is in possession of items or property that constitute evidence of a criminal offense; 2. a statement of purpose for which the warrant is being sought; 3. a set of factual allegations which are limited and sufficient enough to support a finding of probable cause; and 4. optional supplementing evidence in support of the affidavit. 6. **Redacted Affidavits.** If an affidavit contains redactions, an unredacted version shall be provided to the court unless it is withheld pursuant to an applicable legal privilege, state law, or rule of court. A court shall consider only the unredacted version in determining whether to issue a warrant. The redacted version shall be the version available for distribution or disclosure, unless the unredacted version is disclosed pursuant to state law or court order. 7. **Sealed Affidavits and Recovery.** An affidavit submitted in support of a search or arrest warrant shall be sealed upon filing, and remain sealed unless the warrant is served and executed, and the court unseals the affidavit upon good cause shown by the Government or in accordance with state law or the targeted person or their attorney files an ex parte application for warrant disclosure, and a judge grants that application. 8. Where a targeted person or his/her attorney files an ex parte application for affidavit disclosure is filed, it shall be reviewed and determined by the issuing judge, unless the issuing judge does not decide the application within three (3) days, in which case the matter shall be reassigned to an alternative judge designated by the chief judge of the county upon simple notice by the applicant that the matter was not decided within the required time. 9. The court shall grant such application unless: 1. the application fails to state a legitimate purpose for disclosure, and provides supporting reasons; 2. the warrant is under seal; or 3. the court determines that disclosure may compromise the safety or anonymity of the affiant by exposing them to retaliation, harassment, or criminal threat by any person. 10. A targeted person or his/her attorney may submit an ex parte application of affidavit disclosure prior to the execution and service of a warrant. 11. Such applications shall be in writing and filed in the manner designated by the court. 12. The application must contain: 1. the proper case header, if applicable, or a header with the words “In the matter of a Search/Arrest Warrant for …”; 2. the name of the person targeted person; 3. a request to unseal and disclose of the affidavit, including the date in which the warrant was issued; 4. the legal basis for the affidavit's disclosure; 5. the argument in support of the affidavit’s disclosure; and 6. the signature of the targeted person or his/her attorney. 13. **Disposition.** The court may grant or deny an ex parte application for affidavit disclosure with or without reasons, and grant either a full or partial disclosure of the affidavit to the extent of protecting a person's identity where required. The ruling shall be made in writing, and the disposition of this matter shall not constitute a final order or judgment on the merits. 14. **Disclosure Restrictions.** No judge shall unseal or disclose an affidavit except upon consideration of an ex parte application for affidavit disclosure, and no judge shall furnish the government with a copy of the affidavit before the cancellation or execution of the warrant, unless the government demonstrates good cause that disclosure is necessary to prevent an unlawful act by the affiant. 15. **Sanctions.** Any person who intimidates, threatens, or harasses the issuing judge, any other judge of this court, or court personnel, in an attempt to improperly obtain an affidavit in violation of this Rule, shall be subject to one or more of the following by the issuing judge: 1. referral for criminal prosecution; 2. monetary or procedural sanctions; 3. referral to the state bar for disciplinary proceedings; 4. an order prohibiting an attorney from appearing before this court for a period of not less than three (3) days and not more than fourteen (14) days; and 5. an order barring an attorney from representation in any legal matter relating to the affidavit.  6. **POST WARRANT REVIEW.** 1. **Arrest and Search Warrants; Supplement and Review.** Following the service and execution of any arrest or search warrant, the Government shall be entitled to receive notice of the existence and content of the warrant, including the nature of the offenses alleged, from the affiant if the warrant application was made without the participation of a government attorney. The Government may request directly from the affiant or affiants a copy of the supporting affidavit and any supplementary evidence necessary to assist in determining whether to initiate prosecution. If the affidavit contains redacted information, or information that by law must remain redacted, the Government shall not disclose such redacted information to any unauthorized person, except to the court in which the warrant was issued. 2. **"File or No File" Determination.** Upon review of all available materials, the Government shall determine whether sufficient facts and evidence exist to support the filing of formal charges. 1. If the Government determines that sufficient evidence exists to support a reasonable likelihood of conviction, a formal information shall be filed along with the affidavit, in accordance with Mayfl. R. Crim. P. 3(3), or seek an indictment from a grand jury. 2. The Government may, in its discretion, decline to prosecute even if there exists a reasonable likelihood of conviction. Where prosecution is declined, the Government shall, in accordance with these Rules, provide the affiant with a reason or set of reasons justifying its decision. Such reasons may be provided in writing or by secure electronic communication to the affiant or the affiant’s law enforcement agency, addressed to a designated receiving officer, with notice or a copy furnished to the affiant. 3. These rules are not to be construed as a breach of the Rules of Criminal Procedure, a breach of any privilege, and state law.  7. **MOTION TO QUASH WARRANT.** 1. **Filing.** Any targeted person may, prior to the execution and service of such warrant, file with the court a Motion to Quash the warrant (“Motion to Quash”). 2. The Motion to Quash may reference and incorporate any affidavits, declarations, or materials obtained through an ex parte application for affidavit disclosure. 3. **Assignment to Issuing Judge.** The Motion to Quash shall be determined by the issuing judge, or any person designated by the chief judge of that county if prompt dispositon is not made. 4. **Disposition.** Upon receipt of the Motion, the issuing judge may: 1. order a hearing on the Motion to Quash; 2. deny the Motion to Quash on its face with or without reasons; or 3. grant the Motion to Quash on its face with or without reasons. 5. **Oral Disposition after Hearing.** After a hearing made under Mayfl. R. Crim. P. 2(7)(4)(1), the issuing judge may render the ruling on the Motion to Quash orally from the bench at the conclusion of the hearing. 6. If the Motion to Quash is denied, either on its face or following a hearing, the targeted person or their counsel of record may file a Motion for Reconsideration, provided that such motion is supported by either (a) a need to clarify a question of law, or (b) the presentation of newly discovered evidence that, if known at the time of decision, would likely have affected the Court's ruling on the Motion to Quash. 7. When a hearing is ordered on the Motion to Quash, the personal appearance of the targeted person is required and cannot be waived. If the targeted person is represented by counsel, such counsel may likewise be required to appear. Where the Targeted Person fails to personally appear as required by the Court, it shall vacate the hearing and deny the Motion to Quash on its face. No Motion for Reconsideration shall be entertained under such circumstances, except upon a showing of newly discovered and materially relevant evidence. 8. If, after hearing, the Motion to Quash is denied, the Court shall order the Targeted Person to surrender forthwith into the custody of the Sheriff of the county wherein the warrant was issued, the affiant upon whose affidavit the warrant was based, or any duly authorized agents or peace officers acting under lawful authority. ### RULE 3 - INFORMATION AND SERVICE 1. **"INFORMATION"** - An "Information" is a written statement filed and presented in behalf of the State by the state or county attorney, charging the defendant with an offense which may by law be so prosecuted. 2. **REQUISITES OF AN INFORMATION** - An information is sufficient if it has the following requisites: 1. It shall commence "In the name and by authority of the State of Mayflower" or "In the name and by authority of the People of New Haven County" if prosecuted by a state or county attorney respectively. 2. That it appear to have been presented by the proper officer; 3. That it contain the name of the accused, or state that his name is unknown and give a reasonably accurate description of him; 4. That the time mentioned be some date anterior to the filing of the information, and that the offense does not appear to be barred by limitation; 5. That the offense be set forth in plain and intelligible words; 6. Each offense must be typed and displayed in its own count followed by a description of the offense. No information entered into the court record shall contain surplusage. 7. Each count of offense shall have the type listed (misdemeanor or felony) and the dates of occurrence. 8. It must be signed by the state or county attorney, officially. 3. **INFORMATION BASED UPON COMPLAINT** - No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense. The affidavit shall be filed with the information. It may be sworn to before the state or county attorneys who, for that purpose, shall have power to administer the oath, or it may be made before any officer authorized by law to administer oaths. No judge nor clerk shall summon a defendant until probable cause is met. Should a judge determine that probable cause exist to summon the defendant, a summons should be issued commanding their presence. 4. **IN FELONY** - In every case of felony, the presiding judge where an information has been presented, and probable cause has been established, shall deliver such copy to a Sheriff's Deputy, together with a writ directed to such Deputy, commanding him forthwith to deliver such certified copy to the accused. 5. **IN MISDEMEANOR** - In misdemeanors, the clerk shall deliver a copy of the information to the accused or the accused's counsel at the earliest possible time before trial. 6. **APPEAL BASED ON CONTENTS OF COMPLAINT** - No conviction shall be overturned by an appellate court based off the contents of an information if the defendant did not first file a motion to set aside an information due to its lack thereof or errs. ### RULE 4 - SUBPOENA AND ATTACHMENT 1. **ISSUANCE OF SUBPOENAS** 1. A subpoena may summon one or more persons to appear: 1. before a court to testify in a criminal action at a specified term of the court or on a specified day; or 2. on a specified day: 1. before an examining court; or 2. in any other proceeding in which the person's testimony may be required in accordance with this code. 2. The person named in the subpoena to summon the person whose appearance is sought must be: 1. a peace officer; or 2. an individual, at the time the subpoena is issued, not a participant in the proceeding for which the appearance is sought. 3. A person who is not a peace officer may not be compelled to accept the duty to execute a subpoena, but if he agrees in writing to accept that duty and neglects or refuses to serve or return the subpoena, he may be punished with contempt of court. 4. A court or clerk issuing a subpoena shall sign the subpoena and indicate on it the date it was issued, but the subpoena need not be under seal. 5. The court may order a witness to produce any document, video, data, or their own person to render testimony upon motion of a party concern in the proceedings or sua sponte. 6. All subpoenas issued must be issued sixteen (16) hours in advance of appearance. 2. **SUBPOENA DUCES TECUM** - If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct that the witness bring the same with him and produce it in court. ### RULE 5 - ARRAIGNMENT 1. **ARRAIGNMENT** - In all felony cases, and all misdemeanor cases punishable by imprisonment, there shall be an arraignment. 2. **WAIVER OF ARRAIGNMENT** - An attorney representing a defendant may present a waiver of arraignment, and the clerk of the court may not require the presence of the defendant as a condition of accepting the waiver. 3. **PURPOSE OF ARRAIGNMENT** - An arraignment takes place for the purpose of fixing his identity and hearing his plea. 4. **PLEA OF NOT GUILTY ENTERED** - If the defendant answers that he is not guilty, such plea shall be entered upon the minutes of the court; if he refuses to answer, the plea of not guilty shall in like manner be entered. A plea of not guilty shall be automatically entered on the defendant's behalf forty-eight hours after their summons. 5. **PLEA OF GUILTY** 1. Prior to accepting a plea of guilty or a plea of nolo contendere, the court shall admonish the defendant of: 1. the range of the punishment attached to the offense; 2. the fact that the recommendation of the prosecuting attorney as to punishment is not binding on the court. Provided that the court shall inquire as to the existence of a plea bargain agreement between the government and the defendant and, if an agreement exists, the court shall inform the defendant whether it will follow or reject the agreement in open court and before any finding on the plea. Should the court reject the agreement, the defendant shall be permitted to withdraw the defendant's plea of guilty or nolo contendere; 3. the fact that if the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and the defendant's attorney, the trial court must give its permission to the defendant before the defendant may prosecute an appeal on any matter in the case except for those matters raised by written motions filed prior to trial. 2. No plea of guilty or plea of nolo contendere shall be accepted by the court unless it appears that the defendant is mentally competent and the plea is free and voluntary. 3. In admonishing the defendant as herein provided, substantial compliance by the court is sufficient, unless the defendant affirmatively shows that he was not aware of the consequences of his plea and that he was misled or harmed by the admonishment of the court. 4. The court may make the admonitions required by this article either orally or in writing. If the court makes the admonitions in writing, it must receive a statement signed by the defendant and the defendant's attorney that the defendant understands the admonitions and is aware of the consequences of the plea. If the defendant is unable or refuses to sign the statement, the court shall make the admonitions orally. 5. The court shall make the admonition both orally and in writing. The court must receive a statement, written or orally, signed or stated orally by the defendant and the defendant's attorney that the defendant understands the admonition and is aware of the consequences of the plea. If the defendant is unable or refuses to sign the statement, the court shall make a record of that fact. ### RULE 6 - PLEADING IN CRIMINAL ACTIONS 1. **DEFENDANT'S PLEADINGS** - The pleadings and motions of the defendant shall be: 1. A motion to set aside an information for some matter of form or substance; 2. A plea of guilty; 3. A plea of not guilty; 4. A plea of nolo contendere, the legal effect of which shall be the same as that of a plea of guilty, except that such plea may not be used against the defendant as an admission in any civil suit based upon or growing out of the act upon which the criminal prosecution is based; 5. Any other motions or pleadings that are by law permitted to be filed. 2. **DEFENDANT'S SPECIAL PLEA** - A defendant's only special plea is that he has already been prosecuted for the same or a different offense arising out of the same criminal episode that was or should have been consolidated into one trial, and that the former prosecution: 1. resulted in acquittal; 2. resulted in conviction; 3. was improperly terminated; or 4. was terminated by a final order or judgment for the defendant that has not been reversed, set aside, or vacated and that necessarily required a determination inconsistent with a fact that must be established to secure conviction in the subsequent prosecution. ### RULE 7 - MOTIONS 1. **PRE-TRIAL** - The court may set any criminal case for a pre-trial hearing before it is set for trial upon its merits, and direct the defendant and his attorney, if any of record, and the government's attorney, to appear before the court at the time and place stated in the court's order for a conference and hearing. The defendant must be present at the arraignment, and his presence is required during any pre-trial proceeding. The pre-trial hearing shall be to determine any of the following matters: 1. Arraignment of the defendant, if such be necessary; and appointment of counsel to represent the defendant, if such be necessary; 2. Pleadings of the defendant; 3. Special pleas, if any; 4. Exceptions to the form or substance of the indictment or information; 5. Motions ofr continuance either by the government or defendant; provided that grounds for continuance not existing or not known at the time may be presented and considered at any time before the defendant announces ready for trial; 6. Motions to suppress evidence--When a hearing on the motion to suppress evidence is granted, the court may determine the merits of said motion on the motions themselves, or upon opposing affidavits, or upon oral testimony, subject to the discretion of the court; 7. Discovery; and 8. Entrapment. 2. **QUASHING CHARGE** - If the motion to set aside or the exception to an information is sustained, the defendant in a misdemeanor or felony case shall be discharged, but may be again prosecuted within the time allowed by law, and proceedings may afterward be had against him as if no prosecution had ever been commenced. 3. **SHALL BE FULLY DISCHARGED, WHEN** - Where, after the motion or exception is sustained, it is made known to the court by sufficient testimony that the offense of which the defendant is accused will be barred by limitation before another information can be presented, he shall be fully discharged. 4. **DISCHARGE FOR DELAY** - If a motion to set aside an information, or complaint for failure to provide a speedy trial is sustained, the court shall discharge the defendant. A discharge under this article is a bar to any further prosecution for the offense discharged and for any other offense arising out of the same transaction, other than an offense of a higher grade that the attorney representing the government and prosecuting the offense that was discharged does not have the primary duty to prosecute. 5. **AMENDMENT OF INDICTMENT OR INFORMATION** 1. After notice to the defendant, a matter of form or substance in an information may be amended at any time before the date the trial on the merits commences. 2. A matter of form or substance in an indictment or information may also be amended after the trial on the merits commences if the defendant does not object. 3. An indictment or information may not be amended over the defendant's objection as to form or substance if the amended information charges the defendant with an additional or different offense or if the substantial rights of the defendant are prejudiced. 6. **HOW AMENDED** - All amendments of an information shall be made with the leave of the court and under its direction. 7. **FORMER ACQUITTAL OR CONVICTION** - A former judgment of acquittal or conviction in a court shall be a bar to any further prosecution for the same offense, but shall not bar a prosecution for any higher grade of offense over which said court had not jurisdiction, unless such judgment was had upon information, in which case the prosecution shall be barred for all grades of the offense. ### RULE 8 - DISQUALIFICATION OF JUDGE 1. **CAUSES WHICH DISQUALIFY** - No judge shall sit in any case where he may be the party injured, or where he has been of counsel for the State or the accused, or where the accused or the party injured may be connected with him by consanguinity or affinity within the third degree. ### RULE 9 - DISMISSING PROSECUTIONS 1. **DISMISSAL BY THE GOVERNMENT** - The attorney representing the government may, by permission of the court, dismiss a criminal action at any time upon filing a written statement with the papers in the case setting out his reasons for such dismissal, which shall be incorporated in the judgment of dismissal. No case shall be dismissed without the consent of the presiding judge. ### RULE 10 - SPEEDY TRIAL 1. **TRIAL PRIORITIES** - Insofar as is practicable, the trial of a criminal action shall be given preference over trials of civil cases. 2. **SPEEDY TRIAL RIGHTS** 1. Upon there being a dispute of a speedy trial, the court shall consider the length of the delay, the reason for the delay, the time and manner in which a defendant asserted their rights; and the degree of prejudice to which the delay has caused. 2. No appellate court shall overturn a case on measure of a delay that is caused solely by the court itself. 3. No appellate court shall overturn a case without the defendant first asserting his rights to speedy trial in a timely manner. ### RULE 11 - MODE OF TRIAL 1. **PRESENCE OF DEFENDANT** - In all prosecutions for felonies, the defendant must be personally present at the trial, and he must likewise be present in all cases of misdemeanor when the punishment or any part thereof is imprisonment in jail; provided, however, that in all cases, when the defendant voluntarily absents himself after pleading to the information, the trial may proceed to its conclusion. If the defendant did not respond to the summons, the trial may likewise proceed to conclusion after forty-eight hours of their summons. When the record in the appellate court shows that the defendant was present at the commencement, or any portion of the trial, it shall be presumed in the absence of all evidence in the record to the contrary that he was present during the whole trial. Provided, however, that the presence of the defendant shall not be required at the hearing on the motion for new trial in any misdemeanor case. 2. **MAY APPEAR BY COUNSEL** - In other misdemeanor cases, the defendant may, by consent of the government's attorney, appear by counsel, and the trial may proceed without his personal presence. 3. **TO FIX DAY FOR CRIMINAL DOCKET** - The district courts shall have control of their respective dockets as to the settings of criminal cases. ### RULE 12 - JUDGMENT AND SENTENCE 1. **JUDGMENT** - A judgment is the written declaration of the court signed by the trial judge and entered of record showing the conviction or acquittal of the defendant. The sentence served shall be based on the information contained in the judgment. The judgment shall reflect: 1. The title and number of the case; 2. That the case was called and the parties appeared, naming the attorney for the government, the defendant, and the attorney for the defendant, or, where a defendant is not represented by counsel, that the defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel; 3. The plea or pleas of the defendant to the offense charged; 4. The submission of the evidence, if any; 5. The verdicts or findings of the court; 6. In the event of a conviction that the defendant is adjudged guilty of the offense as found by the verdict of the jury or the finding of the court, and that the defendant be punished in accordance with the court's finding as to the proper punishment; 7. In the event of acquittal that the defendant be discharged; 8. The offense or offenses for which the defendant was convicted; 9. The date of the offense or offenses and degree of offense for which the defendant was convicted; 10. The term of sentence; 11. The date judgment is entered; 12. The date sentence is imposed; 13. The date sentence is to commence and any credit for time served; 14. The terms of any order that the defendant's sentence is to run cumulatively or concurrently with another sentence or sentences; 15. The terms of any plea bargain; 16. Affirmative findings entered; 17. In the event that the court orders restitution to be paid to the victim, a statement of the amount of restitution ordered. 2. The judge may order the prosecuting attorney, or the attorney or attorneys representing any defendant, or the court clerk under the supervision of an attorney, to prepare the judgment, or the court may prepare the same. 3. The provisions of this rule shall apply to both felony and misdemeanor cases. 4. In addition to the information described by Section 1 of this article, the judgment should reflect affirmative findings entered pursuant to these rules. ### RULE 13 - APPEAL AND WRIT OF ERROR 1. **APPEAL BY GOVERNMENT** 1. The government is entitled to appeal an order of a court in a criminal case if the order: 1. dismisses an indictment, information, or complaint or any portion of an indictment, information, or complaint; 2. arrests or modifies a judgment; 3. grants a new trial; 4. sustains a claim of former jeopardy; 5. grants a motion to suppress evidence, a confession, or an admission, if jeopardy has not attached in the case and if the prosecuting attorney certifies to the trial court that the appeal is not taken for the purpose of delay and that the evidence, confession, or admission is of substantial importance in the case 2. The government is entitled to appeal a sentence in a case on the ground that the sentence is illegal. 3. The government is entitled to appeal a ruling on a question of law if the defendant is convicted in the case and appeals the judgment. 4. The government is entitled to a stay in the proceedings pending the disposition of an appeal. 2. **DEFENDANT MAY APPEAL** - A defendant in any criminal action has the right of appeal under the rules hereinafter prescribed, provided, however, before the defendant who has been convicted upon either his plea of guilty or plea of nolo contendere before the court and the court, upon the election of the defendant, assesses punishment and the punishment does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and his attorney may prosecute his appeal, he must have permission of the trial court, except on those matters which have been raised by written motion filed prior to trial. 3. **WRIT OF ERROR** - The defendant may also have any such judgment as is mentioned, and which may have been rendered in courts, reviewed upon writ of error. ### RULE 14 - GENERAL PROVISIONS 1. **PROCEDURE OF TRIAL** 1. Unless specifically amended, the following trial procedure shall be utilized: 1. Opening statements by prosecution and defendant, respectively. 2. Presentation of evidence by prosecution. 3. Defendant’s cross-examination of evidence presented by prosecution. 4. Prosecution’s re-examination, if allowed. 5. Presentation of evidence by defendant. 6. Prosecution’s cross-examination of evidence presented by defendant. 7. Defendant’s re-examination, if allowed. 8. Closing statements by prosecution and defendant, respectively. 9. Rendering of findings and judgement, if applicable. 2. **COURT APPOINTED COUNSEL** 1. Those who are unable to procure suitable, dedicated counsel possess the right to be represented by court-appointed counsel, whether that appointed counsel be of the Public Defender’s Office or any other actively practicing attorney. 2. It shall be the duty of the presiding judge to ascertain whether the defendant does or does not have adequate counsel. If a defendant does not have counsel, the judge’s office or clerk of court (or his deputies) shall inform the Public Defender’s Office. 3. The defendant, in a competent mindset, may waive his right to court-appointed counsel. 4. Upon the defendant’s motion to the court, he may represent himself. If such representation is allowed, the judge of the matter should inform the defendant of procedures throughout the entire proceeding. <h1 style="font-size:0.6vw"><center>Published and revised on November 25, 2025 by GlassAutarch.</center></h1>