When, How Arraignment Conducted

(a) The defendant shall be arraigned promptly after the indictment or information is filed or after the complaint is filed where prosecution by complaint is required by § 1.15. (b) Arraignment shall be conducted in open court and shall consist of reading the indictment, information or complaint to the defendant or stating to him the substance of the charge and calling on him to plead thereto. The defendant shall be given a copy of the indictment, information or complaint before he is called upon to plead. NOTE: Subsection (a) of § 60.10 continues the substance of former § 976. See also Cal. Pen. Code § 976. See generally B. Witkin, California Criminal Procedure Proceedings Before Trial § 219 (1963 Supp. 1973). Subsection (b) is substantively the same as former § 988 and former Rule 10. See also Fed. R. Crim. P. 10; Cal. Pen Code § 988. See generally 8 Moore, Federal Practice ¶¶10.01-10.03 (1974); B. Witkin, supra § 222. Section 60.10 does not provide a specific time for arraignment but rather requires a “prompt” arraignment and relies on the general rule against unreasonable delay and a right to a speedy trial. See § 1.11. It might be noted, however, that § 45.30 does not permit the defendant to be required to plead at his first appearance. A reasonable period for consultation with counsel should be provided in every case. Former § 977 provided that the defendant must be present upon the arraignment. See § 1.13 (same). The same rule is also implicit in the first sentence of Subsection (b). Former § 978 authorized the court to direct any officer having custody of the defendant to bring the defendant before the court to be arraigned. This Section is not continued. Under the release procedures provided by Chapter 40, the occasions when a defendant will be in custody should be reduced and the court has the inherent power to make such an order in any event. Former §§ 979-982 provided for arrest of the defendant where he failed to appear for arraignment. These sections are superseded by §§ 40.70-40.75. Former §§ 985 and 986 provided for reexamination of the amount of bail after arraignment for a felony. Reconsideration of release conditions is now dealt with in § 40.75.