Summons

(a)

In general

Not later than 7 session days following the date on which the articles of impeachment with respect to Alejandro Nicholas Mayorkas are transmitted, pursuant to rule III of the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials (referred to in this resolution as the Rules of Impeachment), the Senate shall proceed to the consideration of the articles of impeachment and the Secretary of the Senate shall notify the House of Representatives of the time and place fixed for the Senate to proceed upon the impeachment of Alejandro Nicholas Mayorkas in the Senate Chamber.(b)

Summons and filings

Under rule VIII of the Rules of Impeachment—(1)the summons shall be issued in the usual form to Alejandro Nicholas Mayorkas, provided that he may have until 12 p.m. on the date that is 7 session days after the date on which the articles of impeachment are transmitted, to file his answer with the Secretary of the Senate;(2)the House of Representatives may have until 12 p.m. on the date that is 7 session days after the date on which the summons is issued under paragraph (1), to file its replication with the Secretary of the Senate;(3)if the House of Representatives wishes to file a trial brief, it shall be filed by 10 a.m. on the date on which the articles of impeachment are transmitted;(4)if Alejandro Nicholas Mayorkas wishes to file a trial brief, it shall be filed by 10 a.m. on the date that is 7 session days after the date on which the summons is issued under paragraph (1); and(5)the House of Representatives may file a rebuttal brief no later than 10 a.m. on the date on which impeachment proceedings begin.

Impeachment

(a)

In general

(1)

House records

The House of Representatives shall file its record with the Secretary of the Senate, which will consist of those publicly available materials that have been submitted to or produced by the Committee on the Judiciary of the House of Representatives, including transcripts of public hearings or mark-ups and any materials printed by the House of Representatives or the Committee on the Judiciary of the House of Representatives pursuant to House Resolution 863 (118th Congress), agreed to February 13, 2024. (2)

Admission into evidence

Materials in the record described in paragraph (1) will be admitted into evidence subject to any hearsay, evidentiary, or other objections that Alejandro Nicholas Mayorkas may make after opening presentations are concluded. (3)

Availability to parties

All materials filed pursuant to this subsection shall be printed and made available to all parties. (b)

Motions

(1)

In general

(A)

Filing

Alejandro Nicholas Mayorkas and the House of Representatives shall have until 9 a.m. on the date on which impeachment proceedings begin to file any motions permitted under the Rules of Impeachment with the exception of motions to subpoena witnesses or documents or any other evidentiary motions. (B)

Responses

Responses to any motions filed under subparagraph (A) shall be filed no later than 11 a.m. on the date on which impeachment proceedings begin. (C)

Availability to parties

All materials filed pursuant to this paragraph shall be filed with the Secretary of the Senate and be printed and made available to all parties.(2)

Arguments

Arguments on any motions filed under paragraph (1) shall begin at 1 p.m. on the date on which impeachment proceedings begin, and each side may determine the number of persons to make its presentation, following which the Senate shall deliberate, if so ordered under the Rules of Impeachment, and vote on any such motions.(c)

Impeachment

(1)

Presentations by parties

(A)

House of Representatives

Following the disposition of such motions, or if no motions are made, then the House of Representatives shall make its presentation in support of the articles of impeachment for a period of time not to exceed 24 hours, over up to 3 session days. (B)

Secretary of Homeland Security

Following the House of Representatives' presentation, Alejandro Nicholas Mayorkas shall make his presentation for a period not to exceed 24 hours, over up to 3 session days. (C)

Number of persons

Each side may determine the number of persons to make its presentation.(2)

Period of questioning

Upon the conclusion of Alejandro Nicholas Mayorkas’s presentation, Senators may question the parties for a period of time not to exceed 16 hours.(3)

Argument and deliberation

(A)

In general

Upon the conclusion of questioning by the Senate, there shall be 4 hours of argument by the parties, equally divided, followed by deliberation by the Senate, if so ordered under the Rules of Impeachment, on the question of whether it shall be in order to consider and debate under the Rules of Impeachment any motion to subpoena witnesses or documents. (B)

Motion to subpoena witnesses or documents

The Senate, without any intervening action, motion, or amendment, shall then decide by the yeas and nays whether it shall be in order to consider and debate under the Rules of Impeachment any motion to subpoena witnesses or documents.(4)

Other motions

Following the disposition of the question under paragraph (3), other motions provided under the Rules of Impeachment shall be in order.(5)

Witnesses

(A)

In general

If the Senate agrees to allow either the House of Representatives or Alejandro Nicholas Mayorkas to subpoena witnesses, the witnesses shall first be deposed and the Senate shall decide after deposition which witnesses shall testify, pursuant to the Rules of Impeachment. (B)

Deposition requirement

No testimony shall be admissible in the Senate unless the parties have had an opportunity to depose such witnesses.(6)

Vote

At the conclusion of the deliberations by the Senate, the Senate shall vote on each article of impeachment.