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Man1-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 Se of trial to the USA having jurisdiction over the prosecution when requested or prior to trial where the court has ordered the Government to permit the defendant to inspect, copy, or photograph relevant written or recorded statements or confessions made by the defendant. *x*EFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 7-12.13 Statements of Witnesses Generally, the above instructions apply to statements obtained from witnesses. With regard to the warning and waiver requirements in such situations, see Sections 7-3 and 7-4. x*EFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 7-12.14 Handling and Transmittal All signed (or unsigned) statements, including those received from subjects, suspects, and witnesses, are to be handled in _~ the manner applicable to documentary evidence and shall be sent Ke registered when transmitted by mail. This rule applies also to Form FD-395 or other original record of any warning and waiver of rights. **EEEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 7-12.15 Statements Under Oath When preparing signed statements which are taken under oath administered by an Agent (see Section 7-6), the sworn statements should open with the following preamble: "I, (name), being duly sworn, hereby make the following free and voluntary statement," etc., continuing with the usual phraseology regarding the official character of the Agent or Agents, and the nature of the inquiry. After the signature of the person giving the statement should appear the following: "Sworn to and subscribed before me on (date) at (place)." This will be followed by the signature of the Agent administering the oath, together with|his/her|official designation, "Special Agent, | Federal Bureau of Investigation." The signature of the witness or witnesses should then appear below the signature of the Agent administering the oath. The official title of each witness or, if no title, |his/her|address, should follow|his/her|signature. | **EFEDte: 06/29/1981 MCRT#: 0 Div: D9 Cav: SecCls: 7-12.16 Use of Signed Statements at Joint Trials _SENSHELE_ a Printed: 05/05/2004 13:08:54 Page 17