Common use of Preliminary Examination Clause in Contracts

Preliminary Examination. It is also true, for example, of supplementary and special proceedings such as rule 40—Commitment to Another District, Removal; rule 41—Search and Seizure; and rule 46—Release from Custody. Other of these rules, where applicable, also apply to proceedings before United States magistrates. See Rules of Procedure for the Trial of Minor Offenses Before United States Mag- istrates, rule 1—Scope: These rules govern the procedure and practice for the trial of minor offenses (including xxxxx offenses) before United States magistrates under Title 18, U.S.C. § 3401, and for appeals in such cases to judges of the district courts. To the extent that pretrial and trial procedure and practice are not specifically covered by these rules, the Federal Rules of Criminal Procedure apply as to minor offenses other than xxxxx offenses. All other pro- ceedings in criminal matters, other than xxxxx offenses, before United States magistrates are governed by the Federal Rules of Criminal Procedure. State and local judicial officers are governed by these rules, but only when the rule specifically so provides. This is the case of rule 3—The Complaint; rule 4—Ar- rest Warrant or Summons Upon Complaint; and rule 5— Initial Appearance Before the Magistrate. These rules confer authority upon the ‘‘magistrate,’’ a term which is defined in new rule 54 as follows: ‘‘Magistrate’’ includes a United States magistrate as defined in 28 U.S.C. §§ 631–639, a judge of the United States, another judge or judicial officer specifically empowered by statute in force in any territory or pos- session, the commonwealth of Puerto Rico, or the Dis- trict of Columbia, to perform a function to which a par- ticular rule relates, and a state or local judicial officer, authorized by 18 U.S.C. § 3041 to perform the functions prescribed in rules 3, 4, and 5. Rule 41 provides that a search warrant may be issued by ‘‘a judge of a state court of record’’ and thus confers that authority upon appropriate state judicial officers. The scope of rules 1 and 54 is discussed in X. Xxxxxx, Federal Practice and Procedure: Criminal §§ 21, 871–874 (1969, Supp. 1971), and 8 and 8A X. Xxxxx, Federal Prac- xxxx chapters 1 and 54 (2d ed. Cipes 1970, Supp. 1971). NOTES OF ADVISORY COMMITTEE ON RULES—1982 AMENDMENT The amendment corrects an erroneous cross ref- erence, from Rule 54(c) to Rule 54(a), and replaces the word ‘‘defined’’ with the more appropriate word ‘‘pro- vided.’’ NOTES OF ADVISORY COMMITTEE ON RULES—1993 AMENDMENT The Rule is amended to conform to the Judicial Im- provements Act of 1990 [P.L. 101–650, Title III, Section 321] which provides that each United States magistrate appointed under section 631 of title 28, United States Code, shall be known as a United States magistrate judge. COMMITTEE NOTES ON RULES—2002 AMENDMENT Rule 1 is entirely revised and expanded to incorporate Rule 54, which deals with the application of the rules. Consistent with the title of the existing rule, the Com- mittee believed that a statement of the scope of the rules should be placed at the beginning to show readers which proceedings are governed by these rules. The Committee also revised the rule to incorporate the definitions found in Rule 54(c) as a new Rule 1(b). Rule 1(a) contains language from Rule 54(b). But lan-

Preliminary Examination. It is also true, for example, of supplementary and special proceedings such as rule 40—Commitment to Another District, Removal; rule 41—Search and Seizure; and rule 46—Release from Custody. Other of these rules, where applicable, also apply to proceedings before United States magistrates. See Rules of Procedure for the Trial of Minor Offenses Before United States Mag- istrates, rule 1—Scope: These rules govern the procedure and practice for the trial of minor offenses (including xxxxx offenses) before United States magistrates under Title 18, U.S.C. § 3401, and for appeals in such cases to judges of the district courts. To the extent that pretrial and trial procedure and practice are not specifically covered by these rules, the Federal Rules of Criminal Procedure apply as to minor offenses other than xxxxx offenses. All other pro- ceedings in criminal matters, other than xxxxx offenses, before United States magistrates are governed by the Federal Rules of Criminal Procedure. State and local judicial officers are governed by these rules, but only when the rule specifically so provides. This is the case of rule 3—The Complaint; rule 4—Ar- rest Warrant or Summons Upon Complaint; and rule 5— Initial Appearance Before the Magistrate. These rules confer authority upon the ‘‘magistrate,’’ a term which is defined in new rule 54 as follows: ‘‘Magistrate’’ includes a United States magistrate as defined in 28 U.S.C. §§ 631–639, a judge of the United States, another judge or judicial officer specifically empowered by statute in force in any territory or pos- session, the commonwealth of Puerto Rico, or the Dis- trict of Columbia, to perform a function to which a par- ticular rule relates, and a state or local judicial officer, authorized by 18 U.S.C. § 3041 to perform the functions prescribed in rules 3, 4, and 5. Rule 41 provides that a search warrant may be issued by ‘‘a judge of a state court of record’’ and thus confers that authority upon appropriate state judicial officers. The scope of rules 1 and 54 is discussed in X. Xxxxxx, Federal Practice and Procedure: Criminal §§ 21, 871–874 (1969, Supp. 1971), and 8 and 8A X. Xxxxx, Federal Prac- xxxx chapters 1 and 54 (2d ed. Cipes 1970, Supp. 1971). NOTES OF ADVISORY COMMITTEE ON RULES—1982 AMENDMENT The amendment corrects an erroneous cross ref- erence, from Rule 54(c) to Rule 54(a), and replaces the word ‘‘defined’’ with the more appropriate word ‘‘pro- vided.’’ NOTES OF ADVISORY COMMITTEE ON RULES—1993 AMENDMENT The Rule is amended to conform to the Judicial Im- provements Act of 1990 [P.L. 101–650, Title III, Section 321] which provides that each United States magistrate appointed under section 631 of title 28, United States Code, shall be known as a United States magistrate judge. COMMITTEE NOTES ON RULES—2002 AMENDMENT Rule 1 is entirely revised and expanded to incorporate Rule 54, which deals with the application of the rules. Consistent with the title of the existing rule, the Com- mittee believed that a statement of the scope of the rules should be placed at the beginning to show readers which proceedings are governed by these rules. The Committee also revised the rule to incorporate the definitions found in Rule 54(c) as a new Rule 1(b). Rule 1(a) contains language from Rule 54(b). But lan-.

Preliminary Examination. It is also true, for example, of supplementary and special proceedings such as rule 40—Commitment to Another District, Removal; rule 41—Search and Seizure; and rule 46—Release from Custody. Other of these rules, where applicable, also apply to proceedings before United States magistrates. See Rules of Procedure for the Trial of Minor Offenses Before United States Mag- istrates, rule 1—Scope: These rules govern the procedure and practice for the trial of minor offenses (including xxxxx offenses) before United States magistrates under Title 18, U.S.C. § 3401, and for appeals in such cases to judges of the district courts. To the extent that pretrial and trial procedure and practice are not specifically covered by these rules, the Federal Rules of Criminal Procedure apply as to minor offenses other than xxxxx offenses. All other pro- ceedings in criminal matters, other than xxxxx offenses, before United States magistrates are governed by the Federal Rules of Criminal Procedure. State and local judicial officers are governed by these rules, but only when the rule specifically so provides. This is the case of rule 3—The Complaint; rule 4—Ar- rest Warrant or Summons Upon Complaint; and rule 5— Initial Appearance Before the Magistrate. These rules confer authority upon the ‘‘magistrate,’’ a term which is defined in new rule 54 as follows: ‘‘Magistrate’’ includes a United States magistrate as defined in 28 U.S.C. §§ 631–639, a judge of the United States, another judge or judicial officer specifically empowered by statute in force in any territory or pos- session, the commonwealth of Puerto Rico, or the Dis- trict of Columbia, to perform a function to which a par- ticular rule relates, and a state or local judicial officer, authorized by 18 U.S.C. § 3041 to perform the functions prescribed in rules 3, 4, and 5. Rule 41 provides that a search warrant may be issued by ‘‘a judge of a state court of record’’ and thus confers that authority upon appropriate state judicial officers. The scope of rules 1 and 54 is discussed in X. Xxxxxx, Federal Practice and Procedure: Criminal §§ 21, 871–874 (1969, Supp. 1971), and 8 and 8A X. Xxxxx, Federal Prac- xxxx chapters 1 and 54 (2d ed. Cipes 1970, Supp. 1971). NOTES OF ADVISORY COMMITTEE ON RULES—1982 AMENDMENT Notes of Advisory Committee on Rules—1982 Amendment The amendment corrects an erroneous cross ref- erence, from Rule 54(c) to Rule 54(a), and replaces the word ‘‘defined’’ with the more appropriate word ‘‘pro- vided.’’ NOTES OF ADVISORY COMMITTEE ON RULES—1993 AMENDMENT Notes of Advisory Committee on Rules—1993 Amendment The Rule is amended to conform to the Judicial Im- provements Act of 1990 [P.L. 101–650, Title III, Section 321] which provides that each United States magistrate appointed under section 631 of title 28, United States Code, shall be known as a United States magistrate judge. COMMITTEE NOTES ON RULES—2002 AMENDMENT Committee Notes on Rules—2002 Amendment Rule 1 is entirely revised and expanded to incorporate Rule 54, which deals with the application of the rules. Consistent with the title of the existing rule, the Com- mittee believed that a statement of the scope of the rules should be placed at the beginning to show readers which proceedings are governed by these rules. The Committee also revised the rule to incorporate the definitions found in Rule 54(c) as a new Rule 1(b). Rule 1(a) contains language from Rule 54(b). But lan-.

Preliminary Examination. It is also true, for example, of supplementary and special proceedings such as rule 40—Commitment to Another District, Removal; rule 41—Search and Seizure; and rule 46—Release from Custody. Other of these rules, where applicable, also apply to proceedings before United States magistrates. See Rules of Procedure for the Trial of Minor Offenses Before United States Mag- istrates, rule 1—Scope: These rules govern the procedure and practice for the trial of minor offenses (including xxxxx offenses) before United States magistrates under Title 18, U.S.C. § 3401, and for appeals in such cases to judges of the district courts. To the extent that pretrial and trial procedure and practice are not specifically covered by these rules, the Federal Rules of Criminal Procedure apply as to minor offenses other than xxxxx offenses. All other pro- ceedings in criminal matters, other than xxxxx offenses, before United States magistrates are governed by the Federal Rules of Criminal Procedure. State and local judicial officers are governed by these rules, but only when the rule specifically so provides. This is the case of rule 3—The Complaint; rule 4—Ar- rest Warrant or Summons Upon Complaint; and rule 5— Initial Appearance Before the Magistrate. These rules confer authority upon the ‘‘magistrate,’’ a term which is defined in new rule 54 as follows: ‘‘Magistrate’’ includes a United States magistrate as defined in 28 U.S.C. §§ 631–639, a judge of the United States, another judge or judicial officer specifically empowered by statute in force in any territory or pos- session, the commonwealth of Puerto Rico, or the Dis- trict of Columbia, to perform a function to which a par- ticular rule relates, and a state or local judicial officer, authorized by 18 U.S.C. § 3041 to perform the functions prescribed in rules 3, 4, and 5. Rule 41 provides that a search warrant may be issued by ‘‘a judge of a state court of record’’ and thus confers that authority upon appropriate state judicial officers. The scope of rules 1 and 54 is discussed in X. Xxxxxx, Federal Practice and Procedure: Criminal §§ 21, 871–874 (1969, Supp. 1971), and 8 and 8A X. Xxxxx, Federal Prac- xxxx chapters 1 and 54 (2d ed. Cipes 1970, Supp. 1971). NOTES OF ADVISORY COMMITTEE ON RULES—1982 AMENDMENT The amendment corrects an erroneous cross ref- erence, from Rule 54(c) to Rule 54(a), and replaces the word ‘‘defined’’ with the more appropriate word ‘‘pro- vided.’’ NOTES OF ADVISORY COMMITTEE ON RULES—1993 AMENDMENT Notes of Advisory Committee on Rules—1993 Amendment The Rule is amended to conform to the Judicial Im- provements Act of 1990 [P.L. 101–650, Title III, Section 321] which provides that each United States magistrate appointed under section 631 of title 28, United States Code, shall be known as a United States magistrate judge. COMMITTEE NOTES ON RULES—2002 AMENDMENT Rule 1 is entirely revised Cross References Power of Supreme Court to prescribe rules of proce- dure and expanded to incorporate Rule 54evidence, which deals with the application see section 2072 of the rules. Consistent with the title of the existing ruleTitle 28, the Com- mittee believed that a statement of the scope of the rules should be placed at the beginning to show readers which proceedings are governed by these rules. The Committee also revised the rule to incorporate the definitions found in Rule 54(c) as a new Rule 1(b). Rule 1(a) contains language from Rule 54(b). But lan-Judiciary and Judicial Procedure.

Preliminary Examination. It is also true, for example, of supplementary and special proceedings such as rule 40—Commitment to Another District, Removal; rule 41—Search and Seizure; and rule 46—Release from Custody. Other of these rules, where applicable, also apply to proceedings before United States magistrates. See Rules of Procedure for the Trial of Minor Offenses Before United States Mag- istrates, rule 1—Scope: These rules govern the procedure and practice for the trial of minor offenses (including xxxxx offenses) before United States magistrates under Title 18, U.S.C. § 3401, and for appeals in such cases to judges of the district courts. To the extent that pretrial and trial procedure and practice are not specifically covered by these rules, the Federal Rules of Criminal Procedure apply as to minor offenses other than xxxxx offenses. All other pro- ceedings in criminal matters, other than xxxxx offenses, before United States magistrates are governed by the Federal Rules of Criminal Procedure. State and local judicial officers are governed by these rules, but only when the rule specifically so provides. This is the case of rule 3—The Complaint; rule 4—Ar- rest Warrant or Summons Upon Complaint; and rule 5— Initial Appearance Before the Magistrate. These rules confer authority upon the ‘‘magistrate,’’ a term which is defined in new rule 54 as follows: ‘‘Magistrate’’ includes a United States magistrate as defined in 28 U.S.C. §§ 631–639, a judge of the United States, another judge or judicial officer specifically empowered by statute in force in any territory or pos- session, the commonwealth of Puerto Rico, or the Dis- trict of Columbia, to perform a function to which a par- ticular rule relates, and a state or local judicial officer, authorized by 18 U.S.C. § 3041 to perform the functions prescribed in rules 3, 4, and 5. Rule 41 provides that a search warrant may be issued by ‘‘a judge of a state court of record’’ and thus confers that authority upon appropriate state judicial officers. The scope of rules 1 and 54 is discussed in X. Xxxxxx, Federal Practice and Procedure: Criminal §§ 21, 871–874 (1969, Supp. 1971), and 8 and 8A X. Xxxxx, Federal Prac- xxxx chapters 1 and 54 (2d ed. Cipes 1970, Supp. 1971). NOTES OF ADVISORY COMMITTEE ON RULES—1982 AMENDMENT Notes of Advisory Committee on Rules—1982 Amendment The amendment corrects an erroneous cross ref- erence, from Rule 54(c) to Rule 54(a), and replaces the word ‘‘defined’’ with the more appropriate word ‘‘pro- vided.’’ NOTES OF ADVISORY COMMITTEE ON RULES—1993 AMENDMENT Notes of Advisory Committee on Rules—1993 Amendment The Rule is amended to conform to the Judicial Im- provements Act of 1990 [P.L. 101–650, Title III, Section 321] which provides that each United States magistrate appointed under section 631 of title 28, United States Code, shall be known as a United States magistrate judge. COMMITTEE NOTES ON RULES—2002 AMENDMENT Committee Notes on Rules—2002 Amendment Rule 1 is entirely revised and expanded to incorporate Rule 54, which deals with the application of the rules. Consistent with the title of the existing rule, the Com- mittee believed that a statement of the scope of the rules should be placed at the beginning to show readers which proceedings are governed by these rules. The Committee also revised the rule to incorporate the definitions found in Rule 54(c) as a new Rule 1(b). Rule 1(a) contains language from Rule 54(b). But lan-

Preliminary Examination. It is also true, for example, of supplementary and special proceedings such as rule 40—Commitment to Another District, Removal; rule 41—Search and Seizure; and rule 46—Release from Custody. Other of these rules, where applicable, also apply to proceedings before United States magistrates. See Rules of Procedure for the Trial of Minor Offenses Before United States Mag- istrates, rule 1—Scope: These rules govern the procedure and practice for the trial of minor offenses (including xxxxx offenses) before United States magistrates under Title 18, U.S.C. § 3401, and for appeals in such cases to judges of the district courts. To the extent that pretrial and trial procedure and practice are not specifically covered by these rules, the Federal Rules of Criminal Procedure apply as to minor offenses other than xxxxx offenses. All other pro- ceedings in criminal matters, other than xxxxx offenses, before United States magistrates are governed by the Federal Rules of Criminal Procedure. State and local judicial officers are governed by these rules, but only when the rule specifically so provides. This is the case of rule 3—The Complaint; rule 4—Ar- rest Warrant or Summons Upon Complaint; and rule 5— Initial Appearance Before the Magistrate. These rules confer authority upon the ‘‘magistrate,’’ a term which is defined in new rule 54 as follows: ‘‘Magistrate’’ includes a United States magistrate as defined in 28 U.S.C. §§ 631–639, a judge of the United States, another judge or judicial officer specifically empowered by statute in force in any territory or pos- session, the commonwealth of Puerto Rico, or the Dis- trict of Columbia, to perform a function to which a par- ticular rule relates, and a state or local judicial officer, authorized by 18 U.S.C. § 3041 to perform the functions prescribed in rules 3, 4, and 5. Rule 41 provides that a search warrant may be issued by ‘‘a judge of a state court of record’’ and thus confers that authority upon appropriate state judicial officers. The scope of rules 1 and 54 is discussed in X. Xxxxxx, Federal Practice and Procedure: Criminal §§ 21, 871–874 (1969, Supp. 1971), and 8 and 8A X. Xxxxx, Federal Prac- xxxx chapters 1 and 54 (2d ed. Cipes 1970, Supp. 1971). NOTES OF ADVISORY COMMITTEE ON RULES—1982 AMENDMENT The amendment corrects an erroneous cross ref- erence, from Rule 54(c) to Rule 54(a), and replaces the word ‘‘defined’’ with the more appropriate word ‘‘pro- vided.’’ NOTES OF ADVISORY COMMITTEE ON RULES—1993 AMENDMENT The Rule is amended to conform to the Judicial Im- provements Act of 1990 [P.L. 101–650, Title III, Section 321] which provides that each United States magistrate appointed under section 631 of title 28, United States Code, shall be known as a United States magistrate judge. COMMITTEE NOTES ON RULES—2002 AMENDMENT Rule 1 is entirely revised CROSS REFERENCES Power of Supreme Court to prescribe rules of proce- dure and expanded to incorporate Rule 54evidence, which deals with the application see section 2072 of the rules. Consistent with the title of the existing ruleTitle 28, the Com- mittee believed that a statement of the scope of the rules should be placed at the beginning to show readers which proceedings are governed by these rules. The Committee also revised the rule to incorporate the definitions found in Rule 54(c) as a new Rule 1(b). Rule 1(a) contains language from Rule 54(b). But lan-Judiciary and Judicial Procedure.