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Waiver of Arraignment Guidance

Pursuant to Rule 10(b) of the Federal Rules of Criminal Procedure, a defendant's presence at arraignment may be excused upon the court's acceptance of a written waiver, signed by both the defendant and defense counsel, stating that the defendant has received a copy of the Indictment and pleads not guilty to the charges. The arraignment will take place as scheduled, without the defendant present, and defense counsel is REQUIRED to attend and SHALL be prepared to file a written waiver in open court at that time. The Waiver of Arraignment and Plea of Not Guilty must be on a paper form and signed by both counsel and the defendant. [A link to a form with acceptable language is provided below] The Waiver of Arraignment and Plea of Not Guilty is to be returned directly to the courtroom deputy of the judge presiding over the arraignment and not filed with the clerk of the court. The waiver is valid only upon its acceptance by the court as certified by the judge’s signature on the same form which contains the original signatures of both the defendant and defendant’s counsel. No other method of waiver of arraignment and plea of not guilty pursuant to Rule 10 will be accepted by the United States District Court for the Northern District of Alabama without special order. For counsel with clients in custody and to allow sufficient time for the United States Marshals Service to adjust its inmate transportation schedule, defense counsel SHALL notify the presiding judge’s courtroom deputy no later than two business days before the scheduled arraignment if the defendant intends to waive personal appearance.