Post-Indictment Arraignment

The following is the PIA schedule for each Division:

* If Monday is a holiday, post-indictment arraignment is held on the Tuesday following the holiday.
                    
All defendants are given a copy of the indictment or information before court is in session.

Counsel should be present in the courtroom 30 minutes before the PIA calendar is called. Counsel should check the PIA calendar located in the courtroom for the name of his/her client and the item number of the case, and should then check in with the arraignment clerk. The arraignment clerk will give counsel a copy of the Indictment or Information and ask counsel to prepare the following forms, as appropriate: Statement of Defendant's Constitutional Rights; Financial Affidavit (if not previously completed at the first appearance); and Designation and Appearance of Counsel (for retained counsel only).

If an interpreter is required, counsel must ensure that the Indictment or Information is read to the defendant by the interpreter. The Statement of Defendant's Constitutional Rights form must also be explained by counsel to the defendant through the interpreter and signed by the defendant, counsel and the interpreter.

A non-custody defendant who has been issued a summons, makes his/her first appearance at the PIA, and posts a bond at the time of the PIA shall report to the U.S. Marshals Service immediately after the PIA for processing.

Defendants consenting to plead guilty in this District pursuant to Federal Rule of Criminal Procedure 20 who have not posted bail at the District Court from which the case is being transferred, or when bail has not been ordered, must also report to the U.S. Marshals Service immediately after the PIA.

 At the arraignment, the magistrate judge or clerk will ask each defendant the following questions, and the defendant should be prepared to respond:

• Is (name of the defendant on the charging document) your true name?
• Did you hear and understand the statements of this court pertaining to your rights and the appointment of counsel?
• Did you see and sign a statement of your rights?
• Did you receive a copy of the Indictment/Information?
• Do you want the Indictment/Information read to you?
• (Only when an interpreter is used) Has the Indictment/Information been read to you in (language)?
• How do you plead to the charges contained in the Indictment/Information?

For a Federal Rule of Criminal Procedure Rule 20 arraignment, the magistrate judge will ask the defendant the following questions in addition to the above-mentioned questions:

• Is it a true statement that, at your request and signed consent, this case was transferred from (name of district) to this district for all further proceedings?
• Do you understand that, under Rule 20 of the Federal Rules of Criminal Procedure, if you enter a plea of guilty, you will be sentenced by a judge of this district, and if you enter a plea of not guilty, you and this case will be sent back to the (name of district)?

Depending upon the district judge to whom the case is assigned, the magistrate judge may set a trial date, status conference, motion cut-off date, and briefing schedule, and/or issue a discovery order. Cases in which a guilty plea will be entered are scheduled before the district judge to whom the case is assigned.