Birmingham, AL asked in Federal Crimes for Alabama

Q: Was just wandering if in the state of Virginia, Norfolk 2b exact, there's a federal rule 13(d)??..

This has 2 do with a federal crime (murder)

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1 Lawyer Answer

A: I'm going to try to answer this question about even though it appears to involve an issue in Norfolk, Virginia, and I'm in Alabama, because its apparently about federal rules, which are the same in all 50 states. That said, the question can't be answered without additional information. The Federal Rules of Criminal Procedure apply in Virginia, but they do not contain a Rule 13(d). Please provide an exact reference to the set of rules in which you found this Rule 13(d).

The Federal Rules of CIVIL Procedure do contain a Rule 13(d), and it provides as follows:

13(d) Counterclaim Against the United States. These rules do not expand the right to assert a counterclaim—or to claim a credit—against the United States or a United States officer or agency.

That rule would have no application in a criminal case.

With more information I can perhaps provide a better answer.

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