(b) PROCEEDINGS.

(1) Removed Proceedings. These rules apply to criminal prosecutions removed to the district courts of the United States from state courts and govern all procedure after removal, except that dismissal by the attorney for the prosecution shall be governed by state law.

(2) Offenses Outside a District or State. These rules apply to proceedings for offenses committed upon the high seas or elsewhere out of the jurisdiction of any particular state or district, except that such proceedings may be had in any district authorized by the Act of March 3, 1911, c. 231, § 41, 36 Stat. 1100, Judicial Code § 41, 28 U. S. C. § 102.

(3) Peace Bonds. These rules do not alter the power of judges of the United States or of United States commissioners to hold to security of the peace and for good behavior under the Act of March 3, 1911, c. 231, § 270, 36 Stat. 1163, Judicial Code § 270, 28 U. S. C. § 392, and under Revised Statutes § 4069, 50 U. S. C. § 23, but in such cases the procedure shall conform to these rules so far as they are applicable.

(4) Trials before Commissioners. These rules do not apply to proceedings before United States commissioners and in the district courts under the Act of October 9, 1940, c. 785, 54 Stat. 1058-1059, 18 U. S. C. §§ 576576d, relating to petty offenses on federal reservations.

(5) Other Proceedings. These rules are not applicable to extradition and rendition of

fugitives; forfeiture of property for violation of a statute of the United States; or the collection of fines and penalties. They do not apply to proceedings under the Federal Juvenile Delinquency Act so far as they are inconsistent with that Act. They do not apply to summary trials for offenses against the navigation laws under Revised Statutes §§ 4300-4305, 33 U. S. C. §§ 391-396, or to proceedings involving disputes between seamen under Revised Statutes §§ 4079-4081, as amended, 22 U. S. C. §§ 256-258, or to proceedings for fishery offenses under the Act of June 28, 1937, c. 392, 50 Stat. 325-327, 16 U. S. C. §§ 772-772i, or to proceedings against a witness in a foreign country under the Act of July 3, 1926, c. 762, 44 Stat. 835, 26 U. S. C. §§ 711-718.

(c) APPLICATION OF TERMS. As used in these rules the term "State" includes District of Columbia, territory and insular possession. "Law" includes statutes and judicial decisions. "Act of Congress" includes any act of Congress locally applicable to and in force in the District of Columbia, în a territory or in an insular possession. "District court" includes all district courts named in subdivision (a), paragraph (1) of this rule. "Civil action" refers to a civil action in a district court. "Oath" includes affirmations. "District judge" includes a justice of the District Court of the United States for the District of Columbia. "Judge of a circuit court of appeals” includes a justice of the United States Court of Appeals for the District of Columbia. "Senior circuit judge" includes the chief justice of the

United States Court of Appeals for the District of Columbia. "Attorney for the government" means the attorney general, an authorized assistant of the attorney general, a United States attorney and an authorized assistant of a United States attorney. The words "demurrer," "motion to quash," "plea in abatement," "plea in bar" and "special plea in bar," or words to the same effect, in any act of Congress shall be construed to mean the motion raising a defense or objection provided in Rule 12.

Rule 55. Records. The clerk of the district court and each United States commissioner shall keep such records in criminal proceedings as the Director of the Administrative Office of the United States Courts, with the approval of the Judicial Conference of Senior Circuit Judges, may prescribe.

Rule 56. Courts and Clerks. The circuit court of appeals and the district court shall be deemed always open for the purpose of filing any proper paper, of issuing and returning process and of making motions and orders. The clerk's office with the clerk or a deputy in attendance shall be open during business hours on all days except Sundays and legal holidays.

Rule 57. Rules of Court.

(a) RULES BY DISTRICT COURTS AND CIRCUIT COURTS OF APPEALS. Rules made by district courts and circuit courts of appeals for the conduct of criminal proceedings shall not be inconsistent with these rules. Copies of all rules made by a district court or by a circuit court of appeals shall upon their promulgation be furnished to the Administrative Office of the United States

Courts. The clerk of each court shall make appropriate arrangements, subject to the approval of the Director of the Administrative Office of the United States Courts, to the end that all rules made as provided herein be published promptly and that copies of them be available to the public.

(b) PROCEDURE NOT OTHERWISE SPECIFIED. If no procedure is specifically prescribed by rule, the court may proceed in any lawful manner not inconsistent with these rules or with any applicable statute.

Rule 58. Forms. The forms contained in the Appendix of Forms are illustrative and not mandatory.

Rule 59. Effective Date. These rules take effect on the day which is 3 months subsequent to the adjournment of the first regular session of the 79th Congress, but if that day is prior to September 1, 1945, then they take effect on September 1, 1945. They govern all criminal proceedings thereafter commenced and so far as just and practicable all proceedings then pending.

Rule 60. Title. These rules may be known and cited as the Federal Rules of Criminal Procedure.

Form.

APPENDIX OF FORMS

TABLE OF FORMS

1. Indictment for Murder in the First Degree of Federal Officer. 2. Indictment for Murder in the First Degree on Federal Reservation.

3. Indictment for Mail Fraud.

4. Indictment for Sabotage.

5. Indictment for Internal Revenue Violation.

6. Indictment for Interstate Transportation of Stolen Motor Vehicle.

7. Indictment for Receiving Stolen Motor Vehicle.

8. Indictment for Impersonation of Federal Officer.

9. Indictment for Obtaining Money by Impersonation of Federal Officer.

10. Indictment for Presenting Fraudulent Claim Against the United States.

11. Information for Food and Drug Violation.

12. Warrant for Arrest of Defendant.

13. Summons.

14. Warrant of Removal.

15. Search Warrant.

16. Motion for the Return of Seized Property and the Suppres

sion of Evidence.

17. Appearance Bond.

18. Waiver of Indictment.

19. Motion by Defendant to Dismiss the Indictment.

20. Subpoena to Testify.

21. Subpoena to Produce Document or Object.

22. Warrant for Arrest of Witness.

23. Motion for New Trial.

24. Motion in Arrest of Judgment.

25. Judgment and Commitment. 26. Notice of Appeal.

27. Statement of Docket Entries.

50