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Fed. R. Crim. P. 44

Right to and Appointment of Counsel

activein force · 2024-12-01 – presentact-effective-date

(a) Right to Appointed Counsel. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the

defendant at every stage of the proceeding from initial appearance

through appeal, unless the defendant waives this right.

(b) Appointment Procedure. Federal law and local court rules

govern the procedure for implementing the right to counsel.

(c) Inquiry Into Joint Representation.

(1) Joint Representation. Joint representation occurs when:

(A) two or more defendants have been charged jointly

under Rule 8(b) or have been joined for trial under Rule 13;

and

(B) the defendants are represented by the same counsel,

or counsel who are associated in law practice.

(2) Court’s Responsibilities in Cases of Joint Representation.

The court must promptly inquire about the propriety of joint

representation and must personally advise each defendant of

the right to the effective assistance of counsel, including separate representation. Unless there is good cause to believe that

no conflict of interest is likely to arise, the court must take

appropriate measures to protect each defendant’s right to

counsel.

(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct.

1, 1972; Apr. 30, 1979, eff. Dec. 1, 1980; Mar. 9, 1987, eff. Aug. 1, 1987;

Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002.)

61 Rule 45 FEDERAL RULES OF CRIMINAL PROCEDURE

Provenance

Source
uscourts.gov
Retrieved
2026-08-19
Edition
2026-08-19
Content hash
e243618f3e5efa00ceff0b161142cc026534fe6d9ddebc694de1e84832ab77eb
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