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RULE 46. RELEASE ON BAIL

(c) TERMS. If the defendant is admitted to bail, the terms thereof shall be such as in the judgment of the commissioner or court or judge or justice will insure the presence of the defendant, having regard to the nature and circumstances of the offense charged, the weight of the evidence against him, the financial ability of the defendant to give bail, the character of the defendant, and the policy against unnecessary detention of defendants pending trial.

(d) FORM, CONDITIONS AND PLACE OF DEPOSIT. A person required or permitted to give bail shall execute a bond for his appearance. The commissioner or court or judge or justice, having regard to the considerations set forth in subdivision (c), may require one or more sureties, may authorize the acceptance of cash or bonds or notes of the United States in an amount equal to or less than the face amount of the bond, or may authorize the release of the defendant without security upon his written agreement to appear at a specified time and place and upon such conditions as may be prescribed to insure his appearance. Bail given originally on appeal shall be deposited in the registry of the district court from which the appeal is taken.

(h) SUPERVISION OF DETENTION PENDING TRIAL. The court shall exercise supervision over the detention of defendants and witnesses within the district pending trial for the purpose.of eliminating all unnecessary detention. The attorney for the government shall make a biweekly report to the court listing each defendant and witness who has been held in custody pending indictment, arraignment or trial for a period in excess of 10 days. As to each witness so listed the attorney for the government shall make a statement of the reasons why such witness should not be released with or without the taking of his deposition pursuant to Rule 15 (a). As to each defendant so listed the attorney for the government shall make

a statement of the reasons why the defendant is still held in custody.

RULE 49. SERVICE AND FILING OF PAPERS

(a) SERVICE: WHEN REQUIRED. Written motions other than those which are heard ex parte, written notices, designations of record on appeal and similar papers shall be served upon each of the parties.

(c) NOTICE OF ORDERS. Immediately upon the entry of an order made on a written motion subsequent to arraignment the clerk shall mail to each party a notice thereof and shall make a note in the docket of the mailing. Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted by Rule 37 (a)(2).

RULE 54. APPLICATION AND EXCEPTION

(a) COURTS AND COMMISSIONERS.

(1) COURTS. These rules apply to all criminal proceedings in the United States District Courts; in the District Court of Guam and the District Court of the Virgin Islands; in the United States Courts of Appeals; and in the Supreme Court of the United States; except that all offenses shall continue to be prosecuted in the District Court of Guam and in the District Court of the Virgin Islands by information as heretofore except such as may be required by local law to be prosecuted by indictment by grand jury. Except as otherwise provided in the Canal Zone Code, these rules apply to all criminal proceedings in the United States District Court for the District of the Canal Zone.

(b) PROCEEDINGS.

(5) OTHER PROCEEDINGS. These rules are not applicable to extradition and rendition of fugitives; forfeiture of property for violation of a

statute of the United States; or the collection of fines and penalties. Except as provided in Rule 20 (d) they do not apply to proceedings under Title 18, U. S. C., Chapter 403-Juvenile Delinquency-so far as they are inconsistent with that chapter. They do not apply to summary trials for offenses against the navigation laws under Revised Statutes §§ 4300-4305, 33 U. S. C. §§ 391-396, or to proceedings involving disputes between seamen under Revised Statutes §§ 4079-4081, as amended, 22 U. S. C. §§ 256-258, or to proceedings for fishery offenses under the Act of June 28, 1937, c. 392, 50 Stat. 325-327, 16 U. S. C. §§ 772-772i, or to proceedings against a witness in a foreign country under Title 28, U. S. C., § 1784.

RULE 55. RECORDS

The clerk of the district court and each United States commissioner shall keep such records in criminal proceedings as the Director of the Administrative Office of the United States Courts, with the approval of the Judicial Conference of the United States, may prescribe. Among the records required to be kept by the clerk shall be a book known as the "criminal docket" in which, among other things, shall be entered each order or judgment of the court. The entry of an order or judgment shall show the date the entry is made.

RULE 56. COURTS AND CLERKS

The court of appeals and the district court shall be deemed always open for the purpose of filing any proper paper, of issuing and returning process and of making motions and orders. The clerk's office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays, and legal holidays, but a court may provide by local rule or order that its clerk's office shall be open for specified hours on Saturdays or particular legal holidays other than New

Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day.

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Notice is hereby given that John Doe, defendant above named, hereby appeals to the United States Court of Appeals for the Circuit (from the final judgment)

(from the order (describing it)) entered in this proceeding on the

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*Or "Appellant" or "Clerk" as the case may be.

INDEX

ACCUMULATION OF INCOME. See Taxes, 2.

ACTIONS. See Federal Rules of Civil Procedure; Stockholders.
ADJUSTMENT OF DEBTS. See Bankruptcy Act.

ADMINISTRATIVE ORDERS REVIEW ACT. See Federal
Maritime Commission, 1; Judicial Review, 1.

ADMINISTRATIVE PROCEDURE. See Federal Maritime Com-
mission, 1; Federal Trade Commission; Interstate Commerce
Act; Judicial Review, 1-2.

ADVERTISING. See Federal Trade Commission; Obscenity, 2.

AFFIDAVITS. See Procedure, 1.

AGENTS. See Jones Act.

ANTITRUST ACTS. See Federal Maritime Commission, 2.

APPEALS. See Federal Maritime Commission, 1; Interstate
Commerce Act; Judicial Review, 1-3; Jurisdiction, 2.
APPORTIONMENT. See Constitutional Law, II, 2.

APPRAISALS. See Procedure, 1.

ASSISTANCE OF COUNSEL. See Constitutional Law, I, 3;
Juvenile Court Act; Procedure, 3.

ASSOCIATIONAL PRIVACY. See Constitutional Law, IV.
ATTORNEY GENERAL. See Constitutional Law, I, 2; Judicial
Review, 3; Voting Rights Act of 1965.

ATTORNEYS. See Constitutional Law, I, 3; Juvenile Court Act;
Procedure, 3.

AUTOMOBILE ACCIDENT. See Jones Act.

BANANAS. See Federal Maritime Commission, 1; Judicial
Review, 1.

BANKRUPTCY ACT.

Wage-earner extension plan-Not barred by previous bankruptcy
discharge. Confirmation of a wage-earner extension plan is not
barred under § 14 (c) (5) of the Act by a discharge in bankruptcy
within the previous six years. Perry v. Commerce Loan Co., p. 392.
BATTERIES. See Patents, 3, 5; Procedure, 5.

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