RULES OF PROCEDURE AND PRACTICE IN
THE SENATE WHEN SITTING ON IMPEACHMENT
TRIALS
[From Rules and Manual of the Senate; revised pursuant to S. Res. 479, 992, Aug. 16, 1986]
I. Whensoever the Senate shall receive notice from the
House of Representatives that managers are appointed on
their part to conduct an impeachment against any person
and are directed to carry articles of impeachment to the
Senate, the Secretary of the Senate shall immediately inform
the House of Representatives that the Senate is ready
to receive the managers for the purpose of exhibiting such
articles of impeachment, agreeably to such notice.
II. When the managers of an impeachment shall be introduced
at the bar of the Senate and shall signify that they
are ready to exhibit articles of impeachment against any
person, the Presiding Officer of the Senate shall direct the
Sergeant at Arms to make proclamation, who shall, after
making proclamation, repeat the following words, viz: All
persons are commanded to keep silence, on pain of imprisonment,
while the House of Representatives is exhibiting
to the Senate of the United States articles of impeachment
against ; after which the articles shall be
exhibited, and then the Presiding Officer of the Senate
shall inform the managers that the Senate will take proper
order on the subject of the impeachment, of which due no-tice
shall be given to the House of Representatives.
III. Upon such articles being presented to the Senate,
the Senate shall, at 1 oclock afternoon of the day (Sunday
excepted) following such presentation, or sooner if ordered
by the Senate, proceed to the consideration of such articles
and shall continue in session from day to day (Sundays
excepted) after the trial shall commence (unless otherwise
ordered by the Senate) until final judgment shall be rendered,
and so much longer as may, in its judgment, be
needful. Before proceeding to the consideration of the articles
of impeachment, the Presiding Officer shall administer
the oath hereinafter provided to the members of the Senate
then present and to the other members of the Senate as
they shall appear, whose duty it shall be to take the same.
IV. When the President of the United States or the Vice
President of the United States, upon whom the powers and
duties of the Office of President shall have devolved, shall
be impeached, the Chief Justice of the United States shall
preside; and in a case requiring the said Chief Justice to
preside notice shall be given to him by the Presiding Officer
of the Senate of the time and place fixed for the consideration
of the articles of impeachment, as aforesaid, with a
request to attend; and the said Chief Justice shall be administered
the oath by the Presiding Officer of the Senate
and shall preside over the Senate during the consideration
of said articles and upon the trial of the person impeached
therein.
V. The Presiding Officer shall have power to make and
issue, by himself or by the Secretary of the Senate, all
orders, mandates, writs, and precepts authorized by these
rules or by the Senate, and to make and enforce such other
regulations and orders in the premises as the Senate may
authorize or provide.
VI. The Senate shall have power to compel the attendance
of witnesses, to enforce obedience to its orders, mandates,
writs, precepts, and judgments, to preserve order,
and to punish in a summary way contempts of, and disobedience
to, its authority, orders, mandates, writs, precepts,
or judgments, and to make all lawful orders, rules, and
regulations which it may deem essential or conducive to
the ends of justice. And the Sergeant at Arms, under the
direction of the Senate, may employ such aid and assistance
as may be necessary to enforce, execute, and carry
into effect the lawful orders, mandates, writs, and precepts
of the Senate.
VII. The Presiding Officer of the Senate shall direct all
necessary preparations in the Senate Chamber, and the
Presiding Officer on the trial shall direct all the forms of
proceedings while the Senate is sitting for the purpose of
trying an impeachment, and all forms during the trial not
otherwise specially provided for. And the Presiding Officer
on the trial may rule on all questions of evidence including,
but not limited to, questions of relevancy, materiality, and
redundancy of evidence and incidental questions, which
ruling shall stand as the judgment of the Senate, unless
some Member of the Senate shall ask that a formal vote
be taken thereon, in which case it shall be submitted to
the Senate for decision without debate; or he may at his
option, in the first instance, submit any such question to
a vote of the Members of the Senate. Upon all such questions
the vote shall be taken in accordance with the Stand-ing
Rules of the Senate.
VIII. Upon the presentation of articles of impeachment
and the organization of the Senate as hereinbefore provided,
a writ of summons shall issue to the person im-peached,
reciting said articles, and notifying him to appear
before the Senate upon a day and at a place to be fixed
by the Senate and named in such writ, and file his answer
to said articles of impeachment, and to stand to and abide
the orders and judgments of the Senate thereon; which writ
shall be served by such officer or person as shall be named
in the precept thereof, such number of days prior to the
day fixed for such appearance as shall be named in such
precept, either by the delivery of an attested copy thereof
to the person impeached, or if that can not conveniently
be done, by leaving such copy at the last known place of
abode of such person, or at his usual place of business in
some conspicuous place therein; or if such service shall be,
in the judgment of the Senate, impracticable, notice to the
person impeached to appear shall be given in such other
manner, by publication or otherwise, as shall be deemed
just; and if the writ aforesaid shall fail of service in the
manner aforesaid, the proceedings shall not thereby abate,
but further service may be made in such manner as the
Senate shall direct. If the person impeached, after service,
shall fail to appear, either in person or by attorney, on
the day so fixed therefor as aforesaid, or, appearing, shall
fail to file his answer to such articles of impeachment, the
trial shall proceed, nevertheless, as upon a plea of not
guilty. If a plea of guilty shall be entered, judgment may
be entered thereon without further proceedings.
IX. At 12:30 oclock afternoon of the day appointed for
the return of the summons against the person impeached,
the legislative and executive business of the Senate shall
be suspended, and the Secretary of the Senate shall administer
an oath to the returning officer in the form following,
viz: I, , do solemnly swear that the return
made by me upon the process issued on the day of
, by the Senate of the United States, against
, is truly made, and that I have performed such service as therein described: So help me God. Which oath shall
be entered at large on the records.
X. The person impeached shall then be called to appear
and answer the articles of impeachment against him. If
he appears, or any person for him, the appearance shall
be recorded, stating particularly if by himself, or by agent
or attorney, naming the person appearing and the capacity
in which he appears. If he does not appear, either personally
or by agent or attorney, the same shall be recorded.
XI. That in the trial of any impeachment the Presiding
Officer of the Senate, if the Senate so orders, shall appoint
a committee of Senators to receive evidence and take testimony
at such times and places as the committee may determine,
and for such purpose the committee so appointed
and the chairman thereof, to be elected by the committee,
shall (unless otherwise ordered by the Senate) exercise all
the powers and functions conferred upon the Senate and
the Presiding Officer of the Senate, respectively, under the
rules of procedure and practice in the Senate when sitting
on impeachment trials.
Unless otherwise ordered by the Senate, the rules of procedure
and practice in the Senate when sitting on impeachment
trials shall govern the procedure and practice of the
committee so appointed. The committee so appointed shall
report to the Senate in writing a certified copy of the transcript
of the proceedings and testimony had and given before
such committee, and such report shall be received by
the Senate and the evidence so received and the testimony
so taken shall be considered to all intents and purposes,
subject to the right of the Senate to determine competency,
relevancy, and materiality, as having been received and
taken before the Senate, but nothing herein shall prevent
the Senate from sending for any witness and hearing his
testimony in open Senate, or by order of the Senate having
the entire trial in open Senate.
XII. At 12:30 oclock afternoon, or at such other hour
as the Senate may order, of the day appointed for the trial
of an impeachment, the legislative and executive business
of the Senate shall be suspended, and the Secretary shall
give notice to the House of Representatives that the Senate
is ready to proceed upon the impeachment of ,
in the Senate Chamber.
XIII. The hour of the day at which the Senate shall sit
upon the trial of an impeachment shall be (unless other-wise
ordered) 12 oclock m.; and when the hour shall arrive,
the Presiding Officer upon such trial shall cause proclama-tion
to be made, and the business of the trial shall proceed.
The adjournment of the Senate sitting in said trial shall
not operate as an adjournment of the Senate; but on such
adjournment the Senate shall resume the consideration of
its legislative and executive business.
XIV. The Secretary of the Senate shall record the proceedings
in cases of impeachment as in the case of legislative
proceedings, and the same shall be reported in the
same manner as the legislative proceedings of the Senate.
XV. Counsel for the parties shall be admitted to appear
and be heard upon an impeachment.
XVI. All motions, objections, requests, or applications
whether relating to the procedure of the Senate or relating
immediately to the trial (including questions with respect
to admission of evidence or other questions arising during
the trial) made by the parties or their counsel shall be
addressed to the Presiding Officer only, and if he, or any
Senator, shall require it, they shall be committed to writing,
and read at the Secretarys table.
XVII. Witnesses shall be examined by one person on be-half
of the party producing them, and then cross-examined
by one person on the other side.
XVIII. If a Senator is called as a witness, he shall be
sworn, and give his testimony standing in his place.
XIX. If a Senator wishes a question to be put to a witness,
or to a manager, or to counsel of the person impeached,
or to offer a motion or order (except a motion
to adjourn), it shall be reduced to writing, and put by the
Presiding Officer. The parties or their counsel may interpose
objections to witnesses answering questions pro-pounded
at the request of any Senator and the merits of
any such objection may be argued by the parties or their
counsel. Ruling on any such objection shall be made as
provided in Rule VII. It shall not be in order for any Senator
to engage in colloquy.
XX. At all times while the Senate is sitting upon the
trial of an impeachment the doors of the Senate shall be
kept open, unless the Senate shall direct the doors to be
closed while deliberating upon its decisions. A motion to
close the doors may be acted upon without objection, or,
if objection is heard, the motion shall be voted on without
debate by the yeas and nays, which shall be entered on
the record.
XXI. All preliminary or interlocutory questions, and all
motions, shall be argued for not exceeding one hour (unless
the Senate otherwise orders) on each side.
XXII. The case, on each side, shall be opened by one
person. The final argument on the merits may be made
by two persons on each side (unless otherwise ordered by
the Senate upon application for that purpose), and the argument
shall be opened and closed on the part of the House
of Representatives.
XXIII. An article of impeachment shall not be divisible
for the purpose of voting thereon at any time during the
trial. Once voting has commenced on an article of impeachment,
voting shall be continued until voting has been completed
on all articles of impeachment unless the Senate
adjourns for a period not to exceed one day or adjourns
sine die. On the final question whether the impeachment
is sustained, the yeas and nays shall be taken on each
article of impeachment separately; and if the impeachment
shall not, upon any of the articles presented, be sustained
by the votes of two-thirds of the Members present, a judgment
of acquittal shall be entered; but if the person im-peached
shall be convicted upon any such article by the
votes of two-thirds of the Members present, the Senate
shall proceed to the consideration of such other matters
as may be determined to be appropriate prior to pronouncing
judgment. Upon pronouncing judgement, a certified
copy of such judgment shall be deposited in the office of
the Secretary of State. A motion to reconsider the vote by
which any article of impeachment is sustained or rejected
shall not be in order.
Form of putting the question on each article of impeachment.
The Presiding Officer shall first state the question; thereafter
each Senator, as his name is called, shall rise in his
place and answer: guilty or not guilty.
XXIV. All the orders and decisions may be acted upon
without objection, or, if objection is heard, the orders and
decisions shall be voted on without debate by yeas and
nays, which shall be entered on the record, subject, however,
to the operation of Rule VII, except when the doors
shall be closed for deliberation, and in that case no member
shall speak more than once on one question, and for not
more than ten minutes on an interlocutory question, and
for not more than fifteen minutes on the final question,
unless by consent of the Senate, to be had without debate;
but a motion to adjourn may be decided without the yeas
and nays, unless they be demanded by one-fifth of the
members present. The fifteen minutes herein allowed shall
be for the whole deliberation on the final question, and
not on the final question on each article of impeachment.
XXV. Witnesses shall be sworn in the following form,
viz: You, , do swear (or affirm, as the case
may be) that the evidence you shall give in the case now
pending between the United States and ,
shall be the truth, the whole truth, and nothing but the
truth: So help you God. Which oath shall be administered
by the Secretary, or any other duly authorized person.
Form of a subpena be issued on the application of the
managers of the impeachment, or of the party impeached,
or of his counsel.
To , greeting:
You and each of you are hereby commanded to appear
before the Senate of the United States, on the day
of , at the Senate Chamber in the city of Washington,
then and there to testify your knowledge in the cause
which is before the Senate in which the House of Representatives
have impeached .
Fail not.
Witness , and Presiding Officer of the Senate,
at the city of Washington, this day of , in
the year of our Lord , and of the Independence
of the United States the .
,
Presiding Officer of the Senate.
Form of direction for the service of said subpena
The Senate of the United States to , greeting:
You are hereby commanded to serve and return the within
subpena according to law.
Dated at Washington, this day of , in the year
of our Lord , and of the Independence of the United
States the .
,
Secretary of the Senate.
Form of oath to be administered to the Members of the
Senate and the Presiding Officer sitting in the trial of
impeachments
I solemnly swear (or affirm, as the case may be) that
in all things appertaining to the trial of the impeachment
of , now pending, I will do impartial justice
according to the Constitution and laws: So help me God.
Form of summons to be issued and served upon the person
impeached
THE UNITED STATES OF AMERICA, ss:
The Senate of the United States to , greeting:
Whereas the House of Representatives of the United
States of America did, on the day of , exhibit
to the Senate articles of impeachment against you, the said
, in the words following:
[Here insert the articles]
And demand that you, the said , should be
put to answer the accusations as set forth in said articles,
and that such proceedings, examinations, trials, and judgments
might be thereupon had as are agreeable to law
and justice.
You, the said , are therefore hereby summoned
to be and appear before the Senate of the United
States of America, at their Chamber in the city of Washington,
on the day of , at oclock , then
and there to answer to the said articles of impeachment,
and then and there to abide by, obey, and perform such
orders, directions, and judgments as the Senate of the
United States shall make in the premises according to the
Constitution and laws of the United States.
Hereof you are not to fail.
Witness , and Presiding Officer of the said
Senate, at the city of Washington, this day of ,
in the year of our Lord , and of the Independence
of the United States the .
,
Presiding Officer of the Senate.
Form of precept to be indorsed on said writ of summons
THE UNITED STATES OF AMERICA, ss:
The Senate of the United States to , greeting:
You are hereby commanded to deliver to and leave with
, if conveniently to be found, or if not, to leave
at his usual place of abode, or at his usual place of business
in some conspicuous place, a true and attested copy of the
within writ of summons, together with a like copy of this
precept; and in whichsoever way you perform the service,
let it be done at least days before the appearance
day mentioned in the said writ of summons.
Fail not, and make return of this writ of summons and
precept, with your proceedings thereon indorsed, on or before
the appearance day mentioned in the said writ of summons.
Witness , and Presiding Officer of the Senate,
at the city of Washington, this day of , in
the year of our Lord , and of the Independence of
the United States the .
,
Presiding Officer of the Senate.
All process shall be served by the Sergeant at Arms of
the Senate, unless otherwise ordered by the Senate.
XXVI. If the Senate shall at any time fail to sit for the
consideration of articles of impeachment on the day or hour
fixed therefor, the Senate may, by an order to be adopted
without debate, fix a day and hour for resuming such consideration.
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