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US · rules

1st Cir. R. 9.0

Recalcitrant Witnesses

activein force · 2026-06-01 – presentact-effective-date

(a) A recalcitrant witness who is held in contempt for refusal to testify is entitled to disposition of

the recalcitrant witness’s appeal within thirty days if the recalcitrant witness is denied bail,

and the government is entitled to equal promptness if bail is granted. The unsuccessful party

on the bail issue may waive the thirty day statutory requirement by filing a written waiver with

the clerk of this court.

(b) The district court shall allow bail, with or without surety, unless the appeal appears frivolous,

but a condition shall be the filing of a notice of appeal forthwith, and obedience to all

subsequent orders with respect to briefing and argument. Except for cause shown the district

court shall not, in any case, order a witness committed for the first forty-eight hours after the

date of the order.

(c) The appeal shall be docketed immediately, and the district court’s order on bail may be

reviewed by the court of appeals or a judge thereof.

Provenance

Source
uscourts.gov
Retrieved
2026-09-18
Edition
2026-09-18
Content hash
b94ec3def1bc6618b3a5b66277e7a705d0592cf99b95c7599c78b93f22a1ba4a
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1st Cir. R. 9.0 — Recalcitrant Witnesses · binding.law