    [United States Senate Manual, 104th Congress]
    [S. Doc. 104-1]
    [Rules for Impeachment Trials]
    [Pages 177-185]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 177]]

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                 RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING
                                    ON IMPEACHMENT TRIALS

                ------------------------------------------------------------

                   [Revised pursuant to S. Res. 479, 99-2, Aug. 16, 1986]

           100      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.
           101      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.
           102      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.
           103      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.
           104      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.
           105      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.
           106      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.
           107      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.
           108      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.
           109      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.
           110      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.
           111      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.
           112      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.
           113      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.
           114      XV. Counsel for the parties shall be admitted to appear
                and be heard upon an impeachment.
           115      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.
           116      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.
           117      XVIII. If a Senator is called as a witness, he shall be
                sworn, and give his testimony standing in his place.
           118      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.
           119      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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           120      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.
           121      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.
           122      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 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.

         122.1  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.
           123      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.
           124      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.

           125  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.
         125.1        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.

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         125.2  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.''

         125.3    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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         125.4     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.
           126      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.