FOR THE TRIAL DIVISION OF THE
KOSRAE SUPREME COURT
Table of Contents
I. SCOPE, PURPOSE AND CONSTRUCTION
II. PRELIMINARY PROCEEDINGS
Rule 4(a) Issuance
Rule 4(b) Probable Cause
Rule 4(c) Form
(1) Warrant
(2) Summons
Rule 4(d) Execution or Service; and Return
(1) By Whom
(2) Territorial Limits
(3) Manner
(4) Return
Rule 5(a) In General
Rule 5(b) Vacant
Rule 5(c) Notification of Rights
III.
INDICTMENT AND INFORMATION
Rule 7(a) Use
Rule 7(b) Vacant
Rule 7(c) Nature and Contents
(1) In General
(2) Vacant
(3) Harmless Error
Rule 7(d) Surplusage
Rule 7(e) Amendment
Rule 7(f) Bill of Particulars
Rule 8(a) Joinder of Offenses
Rule 8(b) Joinder of Defenses
IV. ARRAIGNMENT AND PREPARATION FOR TRIAL
Rule 11(a) Alternatives
Rule 11(b) Nolo Contendere
Rule 11(c) Advice to Defendant
Rule 11(d) Insuring That the Plea is Voluntary
Rule 11(e) Plea Agreement Procedure
(1) In General
(2) Notice of Such Agreement
(3) Vacant
(4) Rejection of a Plea Agreement for Dismissal of Changes
(5) Vacant
(6) Vacant
Rule 11(f) Determining Accuracy of Plea
Rule 11(g) Record of Proceedings
Rule 12(a) Pleadings and Motions
Rule 12(b) Pretrial Motions
Rule 12(c) Motion Date
Rule 12(d) Notice by the Government of the Intention to Use Evidence
(1) At the Discretion of the Government
(2) At the Request of the Defendant
Rule 12(e) Ruling on Motion
Rule 12(f) Effect of Failure to Raise Defenses or Objections
Rule 12(g) Records
Rule 12(h) Effect of Determination
Rule 15(a) When Taken
Rule 15(b) Notice of Taking
Rule 15(c) Payment of Expenses
Rule 15(d) How Taken
Rule 15(e) Use
Rule 15(f) Objections to Deposition Testimony
Rule 15(g) Deposition by Agreement Not Precluded
Rule 16(a) Disclosure of evidence by the Government
(1) Information Subject to Disclosure
(A) Statement of Defendant.
(B) Defendant's Prior Record
(C) Documents and Tangible Objects
(D) Report of Examinations and Tests
(E) Prosecution Witnesses
(F) Material Favorable to Witness
(2) Information Not Subject to Disclosure
(3) Vacant
(b) Disclosure of Evidence by the Defendant
(1) Information Subject to Disclosure
(A) Document and Tangible Objects
(B) Reports of Examinations and Tests
(C) Defense Witnesses
(2) Information Not Subject to Disclosure
(c) Continuing Duty to Disclosure
(d) Regulation of Discovery
(1) Protective and Modifying Orders
(2) Failure to Comply with a Request
(e) Vacant
Rule 16(b) Disclosure of evidence by the Defendant
Rule 16(c) Continuing Duty to Disclose
Rule 16(d) Regulation of discovery
Rule 17(a) For Attendance of Witnesses; Form; Issuance
Rule 17(b) Defendants Unable to Pay
Rule 17(c) For Production of Documentary Evidence and of Objects
Rule 17(d) Service
Rule 17(e) Place of Subpoena
Rule 17(f) For Taking Deposition; Place of Examination
(1) Issuance
(2) Place
Rule 17(g) Contempt
Rule 17(h) Information Not Subject To Subpoena
V. VENUE
VI. TRIAL
Rule 26.1. Determination of Foreign Law
Rule 26.2. Production o Statements of Witnesses
Rule 26.2(a) Motion for Production
Rule 26.2(b) Production of Entire Statement
Rule 26.2(c) Production of Excised Statement
Rule 26.2(d) Recess for Examination of Statement
Rule 26.2(e) Sanction for Failure to Produce Statement
Rule 26.2(f) Definition
Rule 29(a) Motion Before Parties Rest
Rule 29(b) Vacant
Rule 29(c) Motion After Finding of Guilt
Rule 29.1. Closing Argument
Rule 31(a) Return
Rule 31(b) Vacant
Rule 31(c) Conviction of Lesser Offense
Rule 31(d) Vacant
Rule 31(e) Vacant
VII.
JUDGMENT
Rule 32(a) Sentence
(1) Imposing of Sentence
(2) Notification of Right to Appeal
Rule 32(b) Judgment
(1) In General
(b) Vacant
(c) Pre sentence Investigation
Rule 32(c) Presentence Investigation
Rule 32(d) Withdrawal or Plea of Guilty
Rule 32.1. Revocation of Modification of Probation
Rule 32.1(a) Revocation of Probation
Rule 32.1(b) Modification f Probation
Rule 35(a) Correction of Sentence
Rule 35(b) Reduction of Sentence
VIII. APPEAL
Rule 38(a) Stay of Execution
IX. SUPPLEMENTARY AND SPECIAL PROCEEDINGS
Rule 41(a) Authority to issue Warrant
Rule 41(b) Property or Persons which May be Seized With Warrant
Rule 41(c) Issuance and Contents
Rule 41(d) Execution and Return With Inventory
Rule 41(e) Motions for Return of Property
Rule 41(f) Motion to Suppress
Rule 41(g) Return of Papers to Clerk
Rule 41(h) Definition
Rule 42(a) Summary Disposition
Rule 42(b) Disposition 'Upon Notice and Hearing
X.
GENERAL PROVISIONS
Rule 43.1(a) Presence Required
Rule 43.1(b) Continued Presence Not Required
Rule 43.1(c) Presence Not Required
Rule 44(a) Right to Assigned Counsel
Rule 44(b) Reserved
Rule 44(c) Joint presentation
Rule 45(a) Computation
Rule 45(b) Enlargement
Rule 45(c) For Motions
Rule 45(d) Additional Time After Service by Mail
Rule 46(a) Release Prior to Trial
Rule 46(b) Release During Trial
Rule 46(c) Pending Sentence and Notice of Appeal
Rule 46(d) Justification of Sureties
Rule 46(e) Forfeiture
Rule 46(f) Exoneration
Rule 46(g) Supervision of Detention Pending Trial
Rule 48(a) By Attorney for State
Rule 48(b) By Court
Rule 49(a) Service; When Required
Rule 49(b) Service: How Made
Rule 49(c) Notice f Orders
Rule 49(d) Filing
Rule 52(a) Harmless Error
Rule 52(b) Plain Error
Rule 54(a) Courts
Rule 54(b) Application of Terms
Rule 57(a) Procedures Not Otherwise Specified