[United States Senate Manual, 113th Congress]
[S. Doc. 113-1]
[Rules for Impeachment Trials]
[Pages 223-231]
[From the U.S. Government Publishing Office, www.gpo.gov]
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RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING
ON IMPEACHMENT TRIALS
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[Revised pursuant to S. Res. 479, 99-2, Aug. 16, 1986]
170 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.
171 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 notice shall be given to the House of
Representatives.
172 III. Upon such articles being presented to the Senate,
the Senate shall, at 1 o'clock 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
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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.
173 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 presideover the Senate during the
consideration of said articles and upon the trial of the
person impeached therein.
174 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.
175 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.
176 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
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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 Standing Rules of the
Senate.
177 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 impeached,
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.
178 IX. At 12:30 o'clock 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 serv
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ice as therein described: So help me God.'' Which oath shall
be entered at large on the records.
179 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.
180 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.
181 XII. At 12:30 o'clock 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.
182 XIII. The hour of the day at which the Senate shall sit
upon the trial of an impeachment shall be (unless otherwise
ordered) 12 o'clock m.; and when the hour shall arrive,
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the Presiding Officer upon such trial shall cause
proclamation 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.
183 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.
184 XV. Counsel for the parties shall be admitted to appear
and be heard upon an impeachment.
185 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 Secretary's table.
186 XVII. Witnesses shall be examined by one person on
behalf of the party producing them, and then cross-examined
by one person on the other side.
187 XVIII. If a Senator is called as a witness, he shall be
sworn, and give his testimony standing in his place.
188 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
propounded 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.
189 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.
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190 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.
191 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.
192 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 impeached
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 judgment, 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.
192.1 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.
193 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
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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.
194 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.
194.1 Form of a subpoena 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.
194.2 FORM OF DIRECTION FOR THE SERVICE OF SAID SUBPOENA
The Senate of the United States to ------ ------, greeting:
You are hereby commanded to serve and return the within
subpoena 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.
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194.3 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.''
194.4 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 ---- o'clock ----,
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.
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194.5 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.
195 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.