Fed. R. Crim. P. 60

(a) In General.

(1) Notice of a Proceeding. The government must use its best

efforts to give the victim reasonable, accurate, and timely notice of any public court proceeding involving the crime.

(2) Attending the Proceeding. The court must not exclude a

victim from a public court proceeding involving the crime, unless the court determines by clear and convincing evidence

that the victim’s testimony would be materially altered if the

victim heard other testimony at that proceeding. In determining whether to exclude a victim, the court must make every

effort to permit the fullest attendance possible by the victim

and must consider reasonable alternatives to exclusion. The

reasons for any exclusion must be clearly stated on the record.

(3) Right to Be Heard on Release, a Plea, or Sentencing. The

court must permit a victim to be reasonably heard at any public proceeding in the district court concerning release, plea, or

sentencing involving the crime.

(b) Enforcement and Limitations.

(1) Time for Deciding a Motion. The court must promptly decide any motion asserting a victim’s rights described in these

rules.

(2) Who May Assert the Rights. A victim’s rights described in

these rules may be asserted by the victim, the victim’s lawful

representative, the attorney for the government, or any other

person as authorized by 18 U.S.C. § 3771(d) and (e).1

(3) Multiple Victims. If the court finds that the number of

victims makes it impracticable to accord all of them their

74 Rule 61 FEDERAL RULES OF CRIMINAL PROCEDURE

rights described in these rules, the court must fashion a reasonable procedure that gives effect to these rights without unduly complicating or prolonging the proceedings.

(4) Where Rights May Be Asserted. A victim’s rights described

in these rules must be asserted in the district where a defendant is being prosecuted for the crime.

(5) Limitations on Relief. A victim may move to reopen a

plea or sentence only if:

(A) the victim asked to be heard before or during the

proceeding at issue, and the request was denied;

(B) the victim petitions the court of appeals for a writ of

mandamus within 10 days after the denial, and the writ is

granted; and

(C) in the case of plea, the accused has not pleaded to the

highest offense charged.

(6) No New Trial. A failure to afford a victim any right described in these rules is not grounds for a new trial.

(As added Apr. 23, 2008, eff. Dec. 1, 2008.)