Federal Rules of Criminal Procedure – 2026

The Federal Rules of Criminal Procedure (FRCrP) govern how federal criminal cases move through the court system, from the moment of arrest all the way through trial, sentencing, and appeal. They set out the procedures that courts, prosecutors, and defense attorneys must follow in cases brought by the federal government. These 77 rules apply in United States district courts and, where specified, in other federal courts.

The Federal Rules of Civil Procedure (FRCP) govern lawsuits between private parties or against the government in non-criminal matters, while the FRCrP apply specifically when the government is prosecuting someone for a federal crime. The two rule sets share some similarities in structure, but criminal procedure includes distinct protections like grand jury proceedings, speedy trial requirements, and rules around plea agreements that have no direct equivalent in civil cases. State criminal cases follow each state's own procedural rules rather than the FRCrP.

Plea agreements are covered in Rule 11, which outlines what must happen when a defendant enters a guilty or nolo contendere plea, including what the court must tell the defendant and what any plea agreement between the parties must contain. If you are looking for rules about sentencing after a plea or verdict, those appear later in the rules, particularly around Rule 32. Browsing the table of contents on this page is a good way to locate specific topics across all 77 rules.

Rule 5 requires that an arrested person be brought before a magistrate judge without unnecessary delay. At the initial appearance, the judge must inform the defendant of the charges, the right to counsel, the right to remain silent, and the circumstances under which pretrial release may be available. If the defendant cannot afford a lawyer, the court must appoint one.

Rule 6 governs federal grand juries, which consist of 16 to 23 members. The grand jury hears evidence presented by the prosecutor and decides whether there is probable cause to issue an indictment. Grand jury proceedings are secret. A defendant has no right to appear before the grand jury or present evidence. An indictment requires the agreement of at least 12 grand jurors.

Rule 11 sets out detailed procedures for guilty pleas and plea agreements. The court must address the defendant personally in open court, explain the rights being waived, make sure the plea is voluntary, and confirm there is a factual basis for the plea. The rule describes three types of plea agreements: charge bargains, sentencing recommendations, and agreed-upon sentences. The court can accept or reject the agreement.

Rule 16 requires the government to disclose certain information upon request, including the defendant's own statements, documents, and tangible objects, as well as the results of examinations and tests. The government must also disclose expert witness information. Separately, the Brady doctrine (from Supreme Court case law, not the rules themselves) requires the government to turn over material that is favorable to the defense.

Rule 32 governs the sentencing process. Before sentencing, a probation officer prepares a presentence report that covers the defendant's history, the circumstances of the offense, and the applicable sentencing guidelines. The defendant and the government can object to the report. At the sentencing hearing, the court must allow the defendant to speak and must state the reasons for the sentence on the record.