This version has been edited for things like the forms of swearing. it includes the names of judges impeached, whether removed or not. Most are from the Thirties and tend to be from Nevada or Florida. Some rules are vulnerable: for instance, a final vote can't be taken without a quorum. Repubs have in the past simply been absent to prevent a verdict they didn't like.
XXI. All preliminary or interlocutory questions, and all motions, shall be argued for not exceeding one hour (unless the Senate other-wise orders) on each side,
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.
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 may proceed to the consideration of such other matters as may be determined to be appropriate prior to pronouncing judgment Upon pronouncing judgment, 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.
Form of updating the question on each article of impeachment. . . . (elided)
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 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 to the final question on each article of impeachment.
XXV . Witnesses shall be sworn in the following form (elided) . . .
Form of a subpoena to be issued on the application of the managers of the impeachment, or of the party impeached, or of his counsel (elided) . . .
Form of direction for service of said subpoena (elided) . . .
Form of oath to be administered to the Members of the Senate and the Presiding Officer sitting in the trial of impeachments. (elided) . . .
Form of summons to be issued and served upon the person impeached (elided) . . .
Presiding Officer of the Senate.
All process shall be served by the Sergeant at Arms of the Senate, unless otherwise ordered by the Senate.
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 reaching such consideration.
Arguments at Trial:
On October 6,1986,the Senate adopted an order provid- ing for a limitation of time for argument on motions submitted to the Senate as a Court of Impeachment, providing for a set period of time for deliberation in closed session on those motions, authorizing the Chair to ascertain the presence of a quorum, modifying the restrictions on the use of television cameras in the Senate Chamber, providing for the division of time on final arguments and the order of presenting those arguments, and providing for deliberation in closed session and a vote on the articles of impeachment. The order adopted on October 6,1986, referred to above is as follows:
Ordered, That on Tuesday, October 7, 1986, at the hour of 9:30a.m., the Senate proceed as a court of impeachment.
Ordered further. That after the ascertainment of a quorum, after which the Chair is authorized to ascertain the presence of a quorum, there be two hours, equally divided between the managers on the part of the House of Representatives and the counsel on the part of the respondent ,for argument on.pending motions:Provided, That not withstanding the provisions of S.Res.28, the television cameras shall be permitted to focus on any person speaking.
Ordered further, That at the conclusion of the argument on motions, the Senate proceed in closed session until no later than the hour of 1:00 p.m.for deliberation on the motions.
Ordered further, That the Senate stand in recess between the hours of 1:00 and 2:00 p.m.
Ordered further, That upon the reconvening of the Senat eat 2:00 p.m.,the motions be disposed of.
Ordered further, That if, upon its disposition of the motions, the Senate determines that it is ready for final arguments, the Senate shall proceed to hear final arguments with the time until no later than 600 p.m. equally divided between the managers on the part of the House of Representatives and the counsel for the respondent, or the respondent himself: Provided, That the final arguments shall be opened and closed by the House of Representatives as provided in Senate Impeachment Rule 22.
Ordered further, If under the previous provisions of this order, the Senate has heard closing arguments on Tuesday, October 7, 1986, then on Wednesday, October 8, 1986, at the hour of 9:30 a.m., the Senate shall proceed in closed session to deliberate upon the articles of impeachment, and upon completion of its deliberations the Senate shall proceed to a vote.
Articles of Impeachment, Presentation and Exhibition of:
On one occasion, the Senate received the managers on the part of the House of Representatives to present and exhibit articles of impeachment before the morning hour had expired.
Attendance of Senators at Impeachment Trial: See also "Attendanc eof Senators," pp. 214-224.
A quorum not having appeared on a call, the Sergeant at Arms of the Senate may be directed to request and subsequently to compel the attendance of the absent Senator.
Commission To Take Deposition of a Witness:
The matter of the issuance of a commission to take the deposition of a witness in an impeachment trial should be determined by the Senate, and not decided by the Presiding Officer.
Committee Appointed To Receive Evidence: In 1935, a resolution was adopted by the Senate,to authorize the appointment by the Presiding Officer of a committee of 12 Senators to receive evidence and take testimony in the trial of an impeachment, asf ollows:
Resolved, That in the trial of any impeachment the Presiding Officer of the Senate, upon the order of the Senate, shall appoint a commmittee of 12 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.
A similar resolution was adopted in 1986, authorizing the Presiding Officer to appoint a committee of twelve Senators to receive evidence and take testimony in the case of the impeachment of Harry E. Claiborne, a judge for the district of Nevada. (He was impeached after previously being convicted of evading income taxes and sentenced to 2 years in jail.) (elided) . . .
Similar resolutions were adopted to appoint committees to receive and report evidence in the cases of judge Alcee L. Hastings (impeached and removed) and judge Walter L. Nixon,Jr. (impeached and removed).
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Convicted Felons, Impeachment of:
Resolutions have been submitted in the Senate to amend the rules with respect to impeachments of convicted felons.
SENATE PROCEDURE Deliberations:
TheSenate has adopted an order providing for a limitation of time for argument on motions submitted t o the Senate as a Court of Impeachment, providing for a set period of time for deliberation in closed session on those motions, providing for the division of time on final arguments and the order of presenting those arguments, and providing for deliberation in closed session and a vote on the articles of irnpeachrnent.
The Senate has adopted a unanimous consent agreement providing for arguments and deliberations on motions to dismiss several articles of impeachment.
Floor Privileges Granted to Persons To Sit With House Managers:
During the judge Harold Louderback (impeached but not removed, on grounds that his crimes didn't rise to "high crimes and misdemeanors) and the judge Halsted Ritter (confirmed and removed) impeachment trials, the Clerk of the Committee on the Judiciary of the House of Representatives, by unanimous consent, was given permission to sit with the managers on the part of the House. Likewise, a special agent of the Federal Bureau of Investigation and an assistant to the counsel for the respondent were granted floor privileges during the Ritter impeachment trial.
Leave To Print Opinions Granted:
In the Louderback impeachment trial, Senators, by order of the Senate, were granted permission to file opinions in writing "within 2 days after the final vote," for publication in the printed proceedings of the case.19
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Messages Between Houses:
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. . . notwithstanding the provisions of Rule XXII, the Senate will receive the honorable managers on the part o fthe House of Representatives, in order that they may present and exhibit the said articles of impeachment against the said Harry E. Claiborne, judge of the United States District Court for the District of Nevada." (impeached and removed.)
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Oath for Trial:
In the impeachment trial of Halstead Hitter (impeached and removed), the oath was administered to the Vice President by Senator Borah, by order of the Senate, and then by the Vice President to the Senators.
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The Senate has adopted an order which, inter alia authorized the Chair to ascertain the presence of a quorum during proceedings on an impeachment.
Senators Excused From Trial Proceedings:
In the impeachment trial of Harold Louderback in 1933,certain Senators by unanimous consent, prior to the administration of the oath to Senators, were excused from participating in the proceedings of the Senate sitting for said trial.
In the impeachment trial of judge Alcee L. Hastings in 1989, four Senators who had served in the House of Representatives during the previous Congress when that body adopted the articles of impeachment, were excused from further participation in that impeachment upon requests granted by the President pro tempore.
Senators, Questions By: On September 17, 1986,the Senate granted unanimous consent that the Chairman or Vice Chairman of an Impeachment Committee appointed under Rule XI of the Rules of Procedure and Practice in the Senate when sitting on impeachment trials, be authorized to permit members of that committee to pose questions orally to the impeached person, witnesses, House managers or counsel appearing before the committee, notwithstanding Rule XIX of those rules
Statements:
On October 9, 1986, unanimous consent was granted that Senators in the pending impeachment trial insert into the Congressional Record their statements made during deliberation in closed session on the articles of impeachment.
Vote on Articles:
The vote required to convict an impeached official is two-thirds of the Senators present, and in effect a vote of " pre sent" is a vote against conviction.
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