[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]



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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.