Rule 1 Title and Application
Rule Text
(a) Title and Citation. These rules shall be known as the Virgin Islands Rules of Criminal Procedure and may be cited in short-form as V.I. R. CRIM. P.
(b) Effective Date. These rules shall take effect as provided in a promulgation order by the Supreme Court of the Virgin Islands.
(c) Proceedings Governed.
(1) Scope. These rules govern the procedure in all criminal proceedings – including procedures following arrest, with or without a warrant (including extradition or rendition- related) – in the Superior Court of the Virgin Islands (the "Superior Court" or "court") except as otherwise stated in these rules, or other rules promulgated by the Supreme Court, and except as otherwise provided by law. Proceedings not governed by these rules include:
(A) a civil property forfeiture proceedings;
(B) collection of a fine or penalty; and
(C) a proceeding under a statute governing juvenile delinquency to the extent the procedure is inconsistent with the statute, unless Rule 20(d) provides otherwise;
(2) Application. These rules, and subsequent amendments, govern:
(A) proceedings in any action commenced after their effective date; and
(B) proceedings in any action pending on the effective date of the rules or amendments, unless:
(i) the Supreme Court of the Virgin Islands specifies otherwise by order; or
(ii) the Superior Court makes an express finding that applying them in a particular previously-pending action would be infeasible or would work an injustice.
(d) Interpretation. These rules are to be interpreted to provide for the just determination of every criminal proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay.
(e) Magistrate Judge Functions. A magistrate judge, as defined in Rule 2 of these Rules of Criminal Procedure, is authorized to perform judicial functions in proceedings as set forth in these Rules, including preliminary proceedings in first degree murder cases, such as advice of rights, probable cause hearings, issuance of arrest and search warrants, motions for reduction of bail or detention, and arraignment proceedings.
(f) Procedures Not Addressed. When procedure is not prescribed by these Virgin Islands Rules of Criminal Procedure, precedent from the Supreme Court of the Virgin Islands, or the Virgin Islands Code, a judge may regulate practice in a criminal proceeding in any manner consistent with law of the Virgin Islands.
Effective December 1, 2017 (Promulgation Order 2017-010); amended effective January 1, 2020 (Promulgation Order 2019-013)