Committee Action Sample Clauses

Committee Action. (a) All matters to be acted on by the Management Committee shall be brought up for a vote or approval in the form of a motion, which must be seconded. Only one motion may be pending at one time.
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Committee Action. The proposed amendments to Rule 11, particularly those relating to the plea nego- tiating procedure, have generated much comment and criticism. No observer is entirely happy that our xxxxx- nal justice system must rely to the extent it does on negotiated dispositions of cases. However, crowded court dockets make plea negotiating a fact that the Federal Rules of Criminal Procedure should contend with. The Committee accepts the basic structure and provisions of Rule 11(e). Rule 11(e) as proposed permits each federal court to decide for itself the extent to which it will permit plea negotiations to be carried on within its own jurisdic- tion. No court is compelled to permit any plea negotia- tions at all. Proposed Rule 11(e) regulates plea negotia- tions and agreements if, and to the extent that, the court permits such negotiations and agreements. [Pro- posed Rule 11(e) has been criticized by some federal judges who read it to mandate the court to permit plea negotiations and the reaching of plea agreements. The Advisory Committee stressed during its testimony that the rule does not mandate that a court permit any form of plea agreement to be presented to it. See, e.g., the remarks of United States Circuit Judge Xxxxxxx X. Xxxxxxx in Hearings II, at 196. See also the exchange of correspondence between Judge Xxxxxxx and United States District Judge Xxxxx X. Xxxxxxx in Hearings II, at 289–90.] Proposed Rule 11(e) contemplates 4 different types of plea agreements. First, the defendant can plead guilty or nolo contendere in return for the prosecutor’s reduc- ing the charge to a less serious offense. Second, the de- fendant can plead guilty or nolo contendere in return for the prosecutor dropping, or not bringing, a charge or charges relating to other offenses. Third, the defend- ant can plead guilty or nolo contendere in return for the prosecutor’s recommending a sentence. Fourth, the defendant and prosecutor can agree that a particular sentence is the appropriate disposition of the case. [It is apparent, though not explicitly stated, that Rule 11(e) contemplates that the plea agreement may bind the defendant to do more than just plead guilty or nolo contendere. For example, the plea agreement may bind the defendant to cooperate with the prosecution in a different investigation. The Committee intends by its approval of Rule 11(e) to permit the parties to agree on such terms in a plea agreement.] The Committee added language in subdivisions (e)(2)
Committee Action. In the event that the Employer appoints such person or persons to act as the Committee, such Committee shall act by a majority of its members at a meeting or in writing without a meeting. A member of the Committee who is also a Participant of the Plan shall not vote or act as a member of the Committee upon any matter relating solely to his rights or benefits under the Plan.
Committee Action. The Committee disagrees with the defendant-triggered procedures of the rule proposed by the Supreme Court. The major purpose of a notice- of-alibi rule is to prevent unfair surprise to the pros- ecution. The Committee, therefore, believes that it should be up to the prosecution to trigger the alibi de- fense discovery procedures. If the prosecution is wor- ried about being surprised by an alibi defense, it can trigger the alibi defense discovery procedures. If the government fails to trigger the procedures and if the defendant raises an alibi defense at trial, then the gov- ernment cannot claim surprise and get a continuance of the trial. The Committee has adopted a notice-of-alibi rule similar to the one now used in the District of Colum- bia. [See Rule 2–5(b) of the Rules of the United States District Court for the District of Columbia. See also Rule 16–1 of the Rules of Criminal Procedure for the Su- perior Court of the District of Columbia.] The rule is prosecution-triggered. If the prosecutor notifies the de- fendant of the time, place, and date of the alleged of- fense, then the defendant has 10 days in which to notify the prosecutor of his intention to rely upon an alibi de- fense, specify where he claims to have been at the time of the alleged offense, and provide a list of his alibi wit- nesses. The prosecutor, within 10 days but no later than 10 days before trial, must then provide the defendant with a list of witnesses who will place the defendant at the scene of the alleged crime and those witnesses who will be used to rebut the defendant’s alibi witnesses. The Committee’s rule does not operate only to the benefit of the prosecution. In fact, its rule will provide the defendant with more information than the rule pro- posed by the Supreme Court. The rule proposed by the Supreme Court permits the defendant to obtain a list of only those witnesses who will place him at the scene of the crime. The defendant, however, would get the names of these witnesses anyway as part of his discov- ery under Rule 16(a)(1)(E). The Committee rule not only requires the prosecution to provide the names of wit- nesses who place the defendant at the scene of the crime, but it also requires the prosecution to turn over the names of those witnesses who will be called in re- buttal to the defendant’s alibi witnesses. This is infor- mation that the defendant is not otherwise entitled to discover. Notes of Advisory Committee on Rules—1985 Amendment
Committee Action. The Committee modified sub- division (e) to permit the court to defer its ruling on a pretrial motion until after the trial only for good cause. Moreover, the court cannot defer its ruling if to do so will adversely affect a party’s right to appeal. The Committee believes that the rule proposed by the Supreme Court could deprive the government of its ap- peal rights under statutes like section 3731 of title 18 of the United States Code. Further, the Committee hopes to discourage the tendency to reserve rulings on pre- trial motions until after verdict in the hope that the jury’s verdict will make a ruling unnecessary. The Committee also modified subdivision (h), which deals with what happens when the court grants a pre- trial motion based upon a defect in the institution of the prosecution or in the indictment or information. The Committee’s change provides that when such a mo- tion is granted, the court may order that the defendant be continued in custody or that his bail be continued for a specified time. A defendant should not automati- cally be continued in custody when such a motion is granted. In order to continue the defendant in custody, the court must not only determine that there is prob- able cause, but it must also determine, in effect, that there is good cause to have the defendant arrested. NOTES OF ADVISORY COMMITTEE ON RULES—1983 AMENDMENT Note to Subdivision (i). As noted in the recent decision of United States v. Raddatz, 447 U.S. 667 (1980), hearings on pretrial suppression motions not infrequently neces- sitate a determination of the credibility of witnesses. In such a situation, it is particularly important, as also highlighted by Raddatz, that the record include some other evidence which tends to either verify or con- trovert the assertions of the witness. (This is especially true in light of the Raddatz holding that a district judge, in order to make an independent evaluation of credibility, is not required to rehear testimony on which a magistrate based his findings and recom- mendations following a suppression hearing before the magistrate.) One kind of evidence which can often ful- fill this function is prior statements of the testifying witness, yet courts have consistently held that in light of the Jencks Act, 18 U.S.C. § 3500, such production of statements cannot be compelled at a pretrial suppres- Rule 12 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 64 sion hearing. United States v. Spagnuolo, 515 F.2d 818 (9th Cir. 197...
Committee Action. 8 1.22 Sponsor ............................ 3 6.6
Committee Action. In the absence of specific rules to the contrary, action by the Committee shall require the consent of a majority of the members of the Committee, expressed either orally at a meeting of the Committee or in writing in the absence of a meeting. No member of the Committee shall have any liability for any good faith action, inaction or determination in connection with the Plan.
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Committee Action. The Committee agrees with
Committee Action. To the extent any provision of this Restricted Stock Agreement provides authority to the Committee or its delegee to act related to a non-ministerial matter, only the Committee may act to the extent such provision applies to an Insider. “Insider” means an individual who is, on the relevant date, subject to the reporting requirements of Section 16(a) of the Securities Exchange Act of 1934, as amended.
Committee Action. The Committee added language to the proposed amendment that directs the court to consider the convenience of the witness and the parties when compelling a witness to attend where a deposition will be taken. NOTES OF ADVISORY COMMITTEE ON RULES—1979 AMENDMENT Note to Subdivision (h). This addition to rule 17 is nec- xxxxxx in light of proposed rule 26.2, which deals with the obtaining of statements of government and defense witnesses. NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. NOTES OF ADVISORY COMMITTEE ON RULES—1993 AMENDMENT The Rule is amended to conform to the Judicial Im- provements Act of 1990 [P.L. 101–650, Title III, Section 321] which provides that each United States magistrate appointed under section 631 of title 28, United States Code, shall be known as a United States magistrate judge. COMMITTEE NOTES ON RULES—2002 AMENDMENT The language of Rule 17 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below. A potential substantive change has been made in Rule 17(c)(1); the word ‘‘data’’ has been added to the list of matters that may be subpoenaed. The Committee be- lieved that inserting that term will reflect the fact that in an increasingly technological culture, the infor- mation may exist in a format not already covered by the more conventional list, such as a book or docu- ment.
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