Waiver of Rule 5 and 5.1 Hearings - Complaint or Indictment (USA)
Use this free Form AO 466A to file a waiver of a defendant's rights under Rule 5 and 5.1 for a complaint or indictment brought in another district.
- The Waiver form explains the defendant's rights under the Rules:
- right to retain counsel or request assignment of counsel,
- right to an identity hearing,
- right to production of the warrant,
- right to a preliminary hearing,
- right to a hearing on any motion for detention,
- right to request a transfer of the proceedings.
- The defendant has the option to waive their right as to:
- an identity hearing and production of the warrant,
- a preliminary hearing,
- a detention hearing,
- an identity hearing, production of the judgment, warrant and warrant application, and any preliminary or detention hearing in the defendant's district. The defendant can request that a preliminary and/or detention hearing be held in the prosecuting district.
- The defendant must also consent to the issuance of an order requiring them to appear in the district where the charges are being laid.
- Waiver of Rule 5 and 5.1 Hearings (Complaint or Indictment), US District Court Form AO 466A (rev 12/17).
Last Updated: 27-February-2018