Page:United States Statutes at Large Volume 89.djvu/432

 PUBLIC LAW 94-64—JULY 31, 1975

89 STAT. 372

(8) Rule i l (e)(3) is amended to read as follows: " (3) ACCEPTANCE OF A P L E A A G R E E M E N T. — I f the court accepts the

plea agreement, the court shall inform the defendant that it will embody in the judgment and sentence the disposition provided for in the plea agreement.". (9) Rule 1 1 (e)(4) is amended to read as follows: "(4)

R E J E C T I O N o r A P L E A A G R E E M E N T. — I f the court rejects the

plea agreement, the court shall, on the record, inform the parties of this fact, advise the defendant personally in open court or, on a showing of good cause, in camera, that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw his plea, and advise the defendant that if he persists in his guilty plea or plea of nolo contendere the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement.". (10) Rule 11 (e)(6) is amended to read as follows: "(6)

Pleadings and motions before trial.

INADMISSIBILITY OF P L E A S, OFFERS OF P L E A S, AND RELATED

STATEMENTS.—Except as otherwise provided in this paragraph, evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere, or of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers, is not admissible in any civil or criminal proceeding against the person who made the plea or offer. However, evidence of a statement made in connection with, and relevant to, a plea of guilty, later withdrawn, a plea of nolo contendere, or an offer to plead guilty or nolo contendere to the crime charged or any other crime, is admissible in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record, and in the presence of counsel." (11) Rule 12(e) is amended to read as follows: " (e) RULING ON MOTION.—A motion made before trial shall be determined before trial unless the court, for good cause, orders that it be deferred for determination a t the trial of the general issue or until after verdict, b u t no such determination shall be deferred if a party's right to appeal is adversely affected. Where factual issues are involved in determining a motion, the court shall state its essential findings on the record.". (12) Rule 12(h) is amended to read as follows: "(h)

E F F E C T OF DETERMINATION. — I f the court g r a n t s a motion

based on a defect in the institution of the prosecution or in the indictment or information, it may also order that the defendant be continued in custody or that his bail be continued for a specified time pending the filing of a new indictment or information. Nothing in this rule shall be deemed to affect the provisions of any Act of Congress relating to periods of limitations.". (13) Rule 12.1 is amended to read as follows: " RULE 12.1. NOTICE o r A L I B I " (a) NOTICE BY DEFENDANT. — Upon w r i t t e n d e m and of the a t to r n e y

for the government stating the time, date, and place a t which the alleged offense was committed, the defendant shall serve within ten days, or a t such different time as the court may direct, upon the attorney for the government a written notice of his intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been a t the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi.

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