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).