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Senators Agree on Clinton Impeachment Trial Procedure

This is the text of the bipartisan resolution establishing Senate impeachment trial proceedings, which was unanimously approved by the Senate on Friday 8 January, 1999.

Senate resolution on impeachment trial rules.

Resolved, that summons be issued in the usual form provided, that the president may have until 12 noon on Monday, January 11, to file his answer with the secretary of the Senate and the House have until 12 noon on January 13 to file its replication with the secretary of the Senate, together with the record, which will consist of those publicly available materials that have been submitted to or produced by the House Judiciary Committee, including transcripts of public hearings or mark-ups and any materials printed by the House of Representatives or House Judiciary Committee pursuant to House Resolutions 525 and 581. Such record will be admitted into evidence, printed and made available to Senators. If the House wishes to file a trial brief it shall be filed by 5 p.m. on January 11.

The president and the House shall have until 5 p.m. on January 11 to file any motions permitted under the rules of impeachment except for motions to subpoena witnesses or to present any evidence not in the record. Responses to any such motion shall be filed no later than 10 a.m. on January 13. The president may file a trial brief at or before that time. The House may file a rebuttal brief no later than 10 a.m. on January 14.

Arguments on such motions shall begin at 1 p.m. on January 13, and each side may determine the number of persons to make its presentation, following which the Senate shall deliberate and vote on any such motions. Following the disposition of these motions, or if no motions occur, then at 1 p.m. on January 14th, the House shall make its presentation in support of the Articles of Impeachment for a period of time not to exceed 24 hours. Each side may determine the number of persons to make its presentation. The presentation shall be limited to argument from the record. Following the House presentation, the president shall make his presentation for a period not to exceed 24 hours, as outlined in the paragraph above with reference to the House presentation.

Upon the conclusion of the president’s presentation, senators may question the parties for a period of time not to exceed 16 hours.

After the conclusion of questioning by the Senate, it shall be in order to consider and debate a motion to dismiss as outlined by the impeachment rules. Following debate, it shall be in order to make a motion to subpoena witnesses and to present any evidence not in the record, with debate time on that motion limited to 6 hours, to be equally divided between the two parties. Following debate and any deliberation as provided in the impeachment rules, the Senate will proceed to vote on the motion to dismiss, and if defeated, an immediate vote on the motion to subpoena witnesses and to present any evidence not in the record, all without any intervening action, motion, amendment or debate.

If the Senate agrees to allow either the House or the president to call witnesses, the witnesses shall first be deposed and the Senate shall decide after deposition which witnesses shall testify pursuant to the impeachment rules. Further, the time for deposition shall be agreed to by both leaders. No testimony shall be admissible in the Senate unless the parties have had an opportunity to depose such witnesses.

If the Senate fails to dismiss the case, the parties will proceed to present evidence. At the conclusion of the deliberations by the Senate, the Senate shall proceed to vote on each article of impeachment.

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