Page 79 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Rule 18 321] which provides that each United States magistrate Trials—Useful Techniques, 29 F.R.D. 436 (1962); Hand- appointed under section 631 of title 28, United States book of Recommended Procedures for the Trial of Pro- Code, shall be known as a United States magistrate tracted Cases, 25 F.R.D. 399–403, 468–470 (1960). Cf. judge. Mo.Sup.Ct. Rule 25.09; Rules Governing the N.J. Courts, § 3:5–3. 1975 AMENDMENT The rule is cast in broad language so as to accommo- Subd. (f)(2). Pub. L. 94–64 amended par. (2) generally. date all types of pretrial conferences. As the third sen- tence suggests, in some cases it may be desirable or EFFECTIVE DATE OF 1979 AMENDMENT necessary to have the defendant present. See Commit- Amendment of this rule by addition of subd. (h) by tee on Pretrial Procedure of the Judicial Conference of order of the United States Supreme Court of Apr. 30, the United States, Recommended Procedures in Crimi- 1979, effective Dec. 1, 1980, see section 1(1) of Pub. L. nal Pretrials, 37 F.R.D. 95 (1965). 96–42, July 31, 1979, 93 Stat. 326, set out as a note under NOTES OF ADVISORY COMMITTEE ON RULES—1987 section 3771 of this title. AMENDMENT EFFECTIVE DATE OF AMENDMENTS PROPOSED APRIL 22, The amendments are technical. No substantive 1974; EFFECTIVE DATE OF 1975 AMENDMENTS change is intended. Amendments of this rule embraced in the order of the V. VENUE United States Supreme Court on Apr. 22, 1974, and the amendments of this rule made by section 3 of Pub. L. Rule 18. Place of Prosecution and Trial 94–64, effective Dec. 1, 1975, see section 2 of Pub. L. 94–64, set out as a note under rule 4 of these rules. Except as otherwise permitted by statute or by these rules, the prosecution shall be had in a SUPERSEDURE district in which the offense was committed. Provision of subd. (d) of this rule that witness shall The court shall fix the place of trial within the be tendered the fee for 1 day’s attendance and mileage district with due regard to the convenience of allowed by law as superseded by section 1825 of Title 28, the defendant and the witnesses and the prompt Judiciary and Judicial Procedure, see such section and administration of justice. Reviser’s Note thereunder. (As amended Feb. 28, 1966, eff. July 1, 1966; Apr. FEDERAL RULES OF CIVIL PROCEDURE 30, 1979, eff. Aug. 1, 1979.) Subpoena, see rule 45, Title 28, Appendix, Judiciary NOTES OF ADVISORY COMMITTEE ON RULES—1944 and Judicial Procedure. 1. The Constitution of the United States, Article III. CROSS REFERENCES Section 2, Paragraph 3, provides: Demands for production of statements and reports of The Trial of all Crimes, except in Cases of Impeach- witnesses, see section 3500 of this title. ment, shall be by Jury; and such Trial shall be held in Deposition of witnesses, see rule 15. the State where the said Crimes shall have been com- Marshal’s fee for service of subpoena, see section 1921 mitted; but when not committed within any State, the of Title 28, Judiciary and Judicial Procedure. Trial shall be at such Place or Places as the Congress Per diem and mileage of witnesses generally, see sec- may by Law have directed. tion 1821 of Title 28. Amendment VI provides: Rule 17.1. Pretrial Conference In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial At any time after the filing of the indictment jury of the State and district wherein the crime shall or information the court upon motion of any have been committed, which district shall have been party or upon its own motion may order one or previously ascertained by law * * * more conferences to consider such matters as 28 U.S.C. former § 114 (now §§ 1393, 1441) provides: will promote a fair and expeditious trial. At the All prosecutions for crimes or offenses shall be had conclusion of a conference the court shall pre- within the division of such districts where the same pare and file a memorandum of the matters were committed, unless the court, or the judge thereof, agreed upon. No admissions made by the defend- upon the application of the defendant, shall order the cause to be transferred for prosecution to another divi- ant or the defendant’s attorney at the con- sion of the district. ference shall be used against the defendant un- The word ‘‘prosecutions,’’ as used in this statute, does less the admissions are reduced to writing and not include the finding and return of an indictment. signed by the defendant and the defendant’s at- The prevailing practice of impaneling a grand jury for torney. This rule shall not be invoked in the the entire district at a session in some division and of case of a defendant who is not represented by distributing the indictments among the divisions in counsel. which the offenses were committed is deemed proper and legal, Salinger v. Loisel, 265 U.S. 224, 237. The court (Added Feb. 28, 1966, eff. July 1, 1966; amended stated that this practice is ‘‘attended with real advan- Mar. 9, 1987, eff. Aug. 1, 1987.) tages.’’ The rule is a restatement of existing law and is intended to sanction the continuance of this practice. NOTES OF ADVISORY COMMITTEE ON RULES—1966 For this reason, the rule requires that only the trial be This new rule establishes a basis for pretrial con- held in the division in which the offense was committed ferences with counsel for the parties in criminal cases and permits other proceedings to be had elsewhere in within the discretion of the court. Pretrial conferences the same district. are now being utilized to some extent even in the ab- 2. Within the framework of the foregoing constitu- sence of a rule. See, generally, Brewster, Criminal Pre- tional provisions and the provisions of the general stat- Trials—Useful Techniques, 29 F.R.D. 442 (1962); Estes, ute, 28 U.S.C. 114 [now 1393, 1441], supra, numerous stat- Pre-Trial Conferences in Criminal Cases, 23 F.R.D. 560 utes have been enacted to regulate the venue of crimi- (1959); Kaufman, Pre-Trial in Criminal Cases, 23 F.R.D. nal proceedings, particularly in respect to continuing 551 (1959); Kaufman, Pre-Trial in Criminal Cases, 42 offenses and offenses consisting of several transactions J.Am.Jud.Soc. 150 (1959); Kaufman, The Appalachian occurring in different districts. Armour Packing Co. v. Trial: Further Observations on Pre-Trial in Criminal United States, 209 U.S. 56, 73–77; United States v. Johnson, Cases, 44 J.Am.Jud.Soc. 53 (1960); West, Criminal Pre- 323 U.S. 273. These special venue provisions are not af- Rule 18 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 80 fected by the rule. Among these statutes are the follow- Section 103 [now 18 U.S.C. 3237] (Offenses begun in one ing: district and completed in another) Section 121 [now 18 U.S.C. 3240] (Creation of new dis- U.S.C., Title 8: trict or division) Section 138 [see 1326, 1328, 1329] (Importation of aliens for immoral purposes; attempt to reenter after U.S.C., Title 47: deportation; penalty) Section 33 (Submarine Cables; jurisdiction and venue of actions and offenses) U.S.C., Title 15: Section 505 (Special Provisions Relating to Radio; Section 78aa (Regulation of Securities Exchanges; ju- venue of trials) risdiction of offenses and suits) U.S.C., Title 49: Section 79y (Control of Public Utility Holding Com- Section 41 [now 11902, 11903, 11915, 11916] (Legislation panies; jurisdiction of offenses and suits) Supplementary to Interstate Commerce Act; li- Section 80a–43 (Investment Companies; jurisdiction of ability of corporation carriers and agents; of- offenses and suits) Section 80b–14 (Investment Advisers; jurisdiction of fenses and penalties—(1) Liability of corpora- offenses and suits) tion common carriers; offenses; penalties; Juris- Section 298 (Falsely Stamped Gold or Silver, etc., vio- diction) Section 623 [repealed] (Civil Aeronautics Act; venue lations of law; penalty; jurisdiction of prosecu- and prosecution of offenses) tions) Section 715i (Interstate Transportation of Petroleum NOTES OF ADVISORY COMMITTEE ON RULES—1966 Products; restraining violations; civil and AMENDMENT criminal proceedings; jurisdiction of District The amendment eliminates the requirement that the Courts; review) prosecution shall be in a division in which the offense Section 717u (Natural Gas Act; jurisdiction of of- was committed and vests discretion in the court to fix fenses; enforcement of liabilities and duties) the place of trial at any place within the district with U.S.C., Title 18: due regard to the convenience of the defendant and his Section 39 [now 5, 3241] (Enforcement of neutrality; witnesses. United States defined; jurisdiction of offenses; The Sixth Amendment provides that the defendant prior offenses; partial invalidity of provisions) shall have the right to a trial ‘‘by an impartial jury of Section 336 [now 1302] (Lottery, or gift enterprise cir- the State and district wherein the crime shall have culars not mailable; place of trial) been committed, which district shall have been pre- Section 338a [now 876, 3239] (Mailing threatening com- viously ascertained by law. * * *’’ There is no constitu- munications) tional right to trial within a division. See United States Section 338b [now 877, 3239] (Same; mailing in foreign v. Anderson, 328 U.S. 699, 704, 705 (1946); Barrett v. United country for delivery in the United States) States, 169 U.S. 218 (1898); Lafoon v. United States, 250 Section 345 [now 1717] (Using or attempting to use F.2d 958 (5th Cir.