Federal Rules Pending Public Comment

In August 2011, the Administrative Office of the United States Courts published several rules for public comment. The amendment to Rule 11 would require the judge to apprise a defendant who wishes to plead guilty that, if convicted and not a United States citizen, the defendant may be deported, denied citizenship, and denied future admission to the United States. Several amendments have been proposed for Rule 12 with reference to the appropriate times for pleadings and pretrial motions, and the consequences and standards of review for untimely motions. The change to Rule 34 is intended to conform the rule to the proposed amendments to Rule 12, which would remove language that a claim that the indictment or information fails to state an offense may be raised at any time. Finally, an amendment was proposed for Federal Rule of Evidence 803(10) which would incorporate a “notice-and-demand” rule for some evidence