Common use of PRELIMINARY PROCEEDINGS Clause in Contracts

PRELIMINARY PROCEEDINGS. Rule 3. The Complaint The complaint is a written statement of the essential facts constituting the offense charged. It must be made under oath before a magistrate judge or, if none is reasonably available, before a state or local judicial officer. (As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1944 The rule generally states existing law and practice, 18 U.S.C. 591 [now 3041] (Arrest and removal for trial); United States x. Xxxxx (X.X.Xx.), 248 F. 980; United States x. Xxxxxxx (S.D.N.Y.), 266 F. 713, 719–721. It eliminates, however, the requirement of conformity to State law as to the form and sufficiency of the complaint. See, also, rule 57(b). NOTES OF ADVISORY COMMITTEE ON RULES—1972 AMENDMENT The amendment deletes the reference to ‘‘commis- sioner or other officer empowered to commit persons charged with offenses against the United States’’ and substitute therefor ‘‘magistrate.’’ The change is editorial in nature to conform the lan- guage of the rule to the recently enacted Federal Mag- istrates Act. The term ‘‘magistrate’’ is defined in rule 54. 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 The language of Rule 3 is amended as part of the gen- eral restyling of the Criminal Rules to make them more easily understood and to make style and termi- nology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as described below. The amendment makes one change in practice. Cur- rently, Rule 3 requires the complaint to be sworn be- fore a ‘‘magistrate judge,’’ which under current Rule 54 could include a state or local judicial officer. Revised Rule 1 no longer includes state and local officers in the definition of magistrate judges for the purposes of these rules. Instead, the definition includes only United States magistrate judges. Rule 3 requires that the com- plaint be made before a United States magistrate judge or before a state or local officer. The revised rule does, however, make a change to reflect prevailing practice and the outcome desired by the Committee—that the procedure take place before a federal judicial officer if one is reasonably available. As noted in Rule 1(c), where the rules, such as Rule 3, authorize a magistrate judge to act, any other federal judge may act.

PRELIMINARY PROCEEDINGS. Rule 3. The Complaint The complaint is a written statement of the essential facts constituting the offense charged. It Except as provided in Rule 4.1, it must be made under oath before a magistrate judge or, if none is reasonably available, before a state or local judicial officer. (As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 26, 2011, eff. Dec. 1, 2011.) NOTES OF ADVISORY COMMITTEE ON RULES—1944 The rule generally states existing law and practice, 18 U.S.C. 591 [now 3041] (Arrest and removal for trial); United States x. Xxxxx (X.X.Xx.), 248 F. 980; United States x. Xxxxxxx (S.D.N.Y.), 266 F. 713, 719–721. It eliminates, however, the requirement of conformity to State law as to the form and sufficiency of the complaint. See, also, rule 57(b). NOTES OF ADVISORY COMMITTEE ON RULES—1972 AMENDMENT The amendment deletes the reference to ‘‘commis- sioner or other officer empowered to commit persons charged with offenses against the United States’’ and substitute therefor ‘‘magistrate.’’ The change is editorial in nature to conform the lan- guage of the rule to the recently enacted Federal Mag- istrates Act. The term ‘‘magistrate’’ is defined in rule 54. 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 The language of Rule 3 is amended as part of the gen- eral restyling of the Criminal Rules to make them more easily understood and to make style and termi- nology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as described below. The amendment makes one change in practice. Cur- rently, Rule 3 requires the complaint to be sworn be- fore a ‘‘magistrate judge,’’ which under current Rule 54 could include a state or local judicial officer. Revised Rule 1 no longer includes state and local officers in the definition of magistrate judges for the purposes of these rules. Instead, the definition includes only United States magistrate judges. Rule 3 requires that the com- plaint be made before a United States magistrate judge Rule 4 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 18 or before a state or local officer. The revised rule does, however, make a change to reflect prevailing practice and the outcome desired by the Committee—that the procedure take place before a federal judicial officer if one is reasonably available. As noted in Rule 1(c), where the rules, such as Rule 3, authorize a magistrate judge to act, any other federal judge may act. COMMITTEE NOTES ON RULES—2011 AMENDMENT Under the amended rule, the complaint and support- ing material may be submitted by telephone or reliable electronic means; however, the rule requires that the judicial officer administer the oath or affirmation in person or by telephone. The Committee concluded that the benefits of making it easier to obtain judicial over- sight of the arrest decision and the increasing reliabil- ity and accessibility to electronic communication war- ranted amendment of the rule. The amendment makes clear that the submission of a complaint to a judicial officer need not be done in person and may instead be made by telephone or other reliable electronic means. The successful experiences with electronic applications under Rule 41, which permits electronic applications for search warrants, support a comparable process for arrests. The provisions in Rule 41 have been transferred to new Rule 4.1, which governs applications by tele- phone or other electronic means under Rules 3, 4, 9, and 41. Changes Made to Proposed Amendment Released for Pub- lic Comment. No changes were made in the amendment as published.

PRELIMINARY PROCEEDINGS. Rule 3. The Complaint The complaint is a written statement of the essential facts constituting the offense charged. It must shall be made under upon oath before a magistrate judge or, if none is reasonably available, before a state or local judicial officerjudge. (As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1944 Notes of Advisory Committee on Rules—1944 The rule generally states existing law and practice, 18 U.S.C. 591 [now 3041] (Arrest and removal for trial); United States x. Xxxxx (X.X.Xx.), 248 F. 980; United States x. Xxxxxxx (S.D.N.Y.), 266 F. 713, 719–721. It eliminates, however, the requirement of conformity to State law as to the form and sufficiency of the complaint. See, also, rule 57(b). NOTES OF ADVISORY COMMITTEE ON RULES—1972 AMENDMENT Notes of Advisory Committee on Rules—1972 Amendment The amendment deletes the reference to ‘‘commis- sioner or other officer empowered to commit persons charged with offenses against the United States’’ and substitute therefor ‘‘magistrate.’’ The change is editorial in nature to conform the lan- guage of the rule to the recently enacted Federal Mag- istrates Act. The term ‘‘magistrate’’ is defined in rule 54. 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 The language Cross References Arrest without warrant, filing of Rule 3 is amended as part of the gen- eral restyling of the Criminal Rules to make them more easily understood and to make style and termi- nology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as described below. The amendment makes one change in practice. Cur- rently, Rule 3 requires the complaint to be sworn be- fore a ‘‘on bring- ing arrested person before magistrate judge,’’ which under current Rule 54 could include a state , see rule 5. Copy of complaint, issuance of warrant of removal, see rule 40. Dismissal of complaint, by Attorney General or local judicial officer. Revised Rule 1 no longer includes state and local officers in the definition of magistrate judges for the purposes of these rules. Instead, the definition includes only United States magistrate judgesattorney, see rule 48. Rule 3 requires that the Extradition of fugitives from foreign country, com- plaint be made before a United States magistrate judge or before a state or local officeron oath, see section 3184 of this title. The revised Internal revenue law violations, see section 3045 of this title. Warrant for arrest— Description of offense charged in complaint, see rule does4. Issued upon complaint, howeversee rule 5. Warrant of removal, make a change to reflect prevailing practice and the outcome desired by the Committee—that the procedure take place before a federal judicial officer if one is reasonably available. As noted in Rule 1(c)issuance on copy of complaint, where the rules, such as Rule 3, authorize a magistrate judge to act, any other federal judge may actsee rule 40.

PRELIMINARY PROCEEDINGS. Rule 3. The Complaint The complaint is a written statement of the essential facts constituting the offense charged. It Except as provided in Rule 4.1, it must be made under oath before a magistrate judge or, if none is reasonably available, before a state or local judicial officer. (As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 26, 2011, eff. Dec. 1, 2011.) NOTES OF ADVISORY COMMITTEE ON RULES—1944 The rule generally states existing law and practice, 18 U.S.C. 591 [now 3041] (Arrest and removal for trial); United States x. Xxxxx (X.X.Xx.), 248 F. 980; United States x. Xxxxxxx (S.D.N.Y.), 266 F. 713, 719–721. It eliminates, however, the requirement of conformity to State law as to the form and sufficiency of the complaint. See, also, rule 57(b). NOTES OF ADVISORY COMMITTEE ON RULES—1972 AMENDMENT The amendment deletes the reference to ‘‘commis- sioner or other officer empowered to commit persons charged with offenses against the United States’’ and substitute therefor ‘‘magistrate.’’ The change is editorial in nature to conform the lan- guage of the rule to the recently enacted Federal Mag- istrates Act. The term ‘‘magistrate’’ is defined in rule 54. 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 The language of Rule 3 is amended as part of the gen- eral restyling of the Criminal Rules to make them more easily understood and to make style and termi- nology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as described below. The amendment makes one change in practice. Cur- rently, Rule 3 requires the complaint to be sworn be- fore a ‘‘magistrate judge,’’ which under current Rule 54 could include a state or local judicial officer. Revised Rule 1 no longer includes state and local officers in the definition of magistrate judges for the purposes of these rules. Instead, the definition includes only United States magistrate judges. Rule 3 requires that the com- plaint be made before a United States magistrate judge Page 17 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Rule 4 or before a state or local officer. The revised rule does, however, make a change to reflect prevailing practice and the outcome desired by the Committee—that the procedure take place before a federal judicial officer if one is reasonably available. As noted in Rule 1(c), where the rules, such as Rule 3, authorize a magistrate judge to act, any other federal judge may act. COMMITTEE NOTES ON RULES—2011 AMENDMENT Under the amended rule, the complaint and support- ing material may be submitted by telephone or reliable electronic means; however, the rule requires that the judicial officer administer the oath or affirmation in person or by telephone. The Committee concluded that the benefits of making it easier to obtain judicial over- sight of the arrest decision and the increasing reliabil- ity and accessibility to electronic communication war- ranted amendment of the rule. The amendment makes clear that the submission of a complaint to a judicial officer need not be done in person and may instead be made by telephone or other reliable electronic means. The successful experiences with electronic applications under Rule 41, which permits electronic applications for search warrants, support a comparable process for arrests. The provisions in Rule 41 have been transferred to new Rule 4.1, which governs applications by tele- phone or other electronic means under Rules 3, 4, 9, and 41. Changes Made to Proposed Amendment Released for Pub- lic Comment. No changes were made in the amendment as published.

PRELIMINARY PROCEEDINGS. Rule 3. The Complaint The complaint is a written statement of the essential facts constituting the offense charged. It must be made under oath before a magistrate judge or, if none is reasonably available, before a state or local judicial officer. (As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1944 Notes of Advisory Committee on Rules—1944 The rule generally states existing law and practice, 18 U.S.C. 591 [now 3041] (Arrest and removal for trial); United States x. Xxxxx (X.X.Xx.), 248 F. 980; United States x. Xxxxxxx (S.D.N.Y.), 266 F. 713, 719–721. It eliminates, however, the requirement of conformity to State law as to the form and sufficiency of the complaint. See, also, rule 57(b). NOTES OF ADVISORY COMMITTEE ON RULES—1972 AMENDMENT Notes of Advisory Committee on Rules—1972 Amendment The amendment deletes the reference to ‘‘commis- sioner or other officer empowered to commit persons charged with offenses against the United States’’ and substitute therefor ‘‘magistrate.’’ The change is editorial in nature to conform the lan- guage of the rule to the recently enacted Federal Mag- istrates Act. The term ‘‘magistrate’’ is defined in rule 54. 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 The language of Rule 3 is amended as part of the gen- eral restyling of the Criminal Rules to make them more easily understood and to make style and termi- nology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as described below. The amendment makes one change in practice. Cur- rently, Rule 3 requires the complaint to be sworn be- fore a ‘‘magistrate judge,’’ which under current Rule 54 could include a state or local judicial officer. Revised Rule 1 no longer includes state and local officers in the definition of magistrate judges for the purposes of these rules. Instead, the definition includes only United States magistrate judges. Rule 3 requires that the com- plaint be made before a United States magistrate judge or before a state or local officer. The revised rule does, however, make a change to reflect prevailing practice and the outcome desired by the Committee—that the procedure take place before a federal judicial officer if one is reasonably available. As noted in Rule 1(c), where the rules, such as Rule 3, authorize a magistrate judge to act, any other federal judge may act.

PRELIMINARY PROCEEDINGS. Rule 3. The Complaint The complaint is a written statement of the essential facts constituting the offense charged. It must shall be made under upon oath before a magistrate judge or, if none is reasonably available, before a state or local judicial officerjudge. (As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1944 The rule generally states existing law and practice, 18 U.S.C. 591 [now 3041] (Arrest and removal for trial); United States x. Xxxxx (X.X.Xx.), 248 F. 980; United States x. Xxxxxxx (S.D.N.Y.), 266 F. 713, 719–721. It eliminates, however, the requirement of conformity to State law as to the form and sufficiency of the complaint. See, also, rule 57(b). NOTES OF ADVISORY COMMITTEE ON RULES—1972 AMENDMENT The amendment deletes the reference to ‘‘commis- sioner or other officer empowered to commit persons charged with offenses against the United States’’ and substitute therefor ‘‘magistrate.’’ The change is editorial in nature to conform the lan- guage of the rule to the recently enacted Federal Mag- istrates Act. The term ‘‘magistrate’’ is defined in rule 54. 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 The language CROSS REFERENCES Arrest without warrant, filing of Rule 3 is amended as part of the gen- eral restyling of the Criminal Rules to make them more easily understood and to make style and termi- nology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as described below. The amendment makes one change in practice. Cur- rently, Rule 3 requires the complaint to be sworn be- fore a ‘‘on bring- ing arrested person before magistrate judge,’’ which under current Rule 54 could include a state , see rule 5. Copy of complaint, issuance of warrant of removal, see rule 40. Dismissal of complaint, by Attorney General or local judicial officer. Revised Rule 1 no longer includes state and local officers in the definition of magistrate judges for the purposes of these rules. Instead, the definition includes only United States magistrate judgesattorney, see rule 48. Rule 3 requires that the Extradition of fugitives from foreign country, com- plaint be made before a United States magistrate judge or before a state or local officeron oath, see section 3184 of this title. The revised Internal revenue law violations, see section 3045 of this title. Warrant for arrest— Description of offense charged in complaint, see rule does4. Issued upon complaint, howeversee rule 5. Warrant of removal, make a change to reflect prevailing practice and the outcome desired by the Committee—that the procedure take place before a federal judicial officer if one is reasonably available. As noted in Rule 1(c)issuance on copy of complaint, where the rules, such as Rule 3, authorize a magistrate judge to act, any other federal judge may actsee rule 40.

PRELIMINARY PROCEEDINGS. Rule 3. The Complaint The complaint is a written statement of the essential facts constituting the offense charged. It Except as provided in Rule 4.1, it must be made under oath before a magistrate judge or, if none is reasonably available, before a state or local judicial officer. (As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 26, 2011, eff. Dec. 1, 2011.) NOTES OF ADVISORY COMMITTEE ON RULES—1944 Notes of Advisory Committee on Rules—1944 The rule generally states existing law and practice, 18 U.S.C. 591 [now 3041] (Arrest and removal for trial); United States x. Xxxxx (X.X.Xx.), 248 F. 980; United States x. Xxxxxxx (S.D.N.Y.), 266 F. 713, 719–721. It eliminates, however, the requirement of conformity to State law as to the form and sufficiency of the complaint. See, also, rule 57(b). NOTES OF ADVISORY COMMITTEE ON RULES—1972 AMENDMENT Notes of Advisory Committee on Rules—1972 Amendment The amendment deletes the reference to ‘‘commis- sioner or other officer empowered to commit persons charged with offenses against the United States’’ and substitute therefor ‘‘magistrate.’’ The change is editorial in nature to conform the lan- guage of the rule to the recently enacted Federal Mag- istrates Act. The term ‘‘magistrate’’ is defined in rule 54. 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 The language of Rule 3 is amended as part of the gen- eral restyling of the Criminal Rules to make them more easily understood and to make style and termi- nology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as described below. The amendment makes one change in practice. Cur- rently, Rule 3 requires the complaint to be sworn be- fore a ‘‘magistrate judge,’’ which under current Rule 54 could include a state or local judicial officer. Revised Rule 1 no longer includes state and local officers in the definition of magistrate judges for the purposes of these rules. Instead, the definition includes only United States magistrate judges. Rule 3 requires that the com- plaint be made before a United States magistrate judge Page 17 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Rule 4 or before a state or local officer. The revised rule does, however, make a change to reflect prevailing practice and the outcome desired by the Committee—that the procedure take place before a federal judicial officer if one is reasonably available. As noted in Rule 1(c), where the rules, such as Rule 3, authorize a magistrate judge to act, any other federal judge may act. Committee Notes on Rules—2011 Amendment Under the amended rule, the complaint and support- ing material may be submitted by telephone or reliable electronic means; however, the rule requires that the judicial officer administer the oath or affirmation in person or by telephone. The Committee concluded that the benefits of making it easier to obtain judicial over- sight of the arrest decision and the increasing reliabil- ity and accessibility to electronic communication war- ranted amendment of the rule. The amendment makes clear that the submission of a complaint to a judicial officer need not be done in person and may instead be made by telephone or other reliable electronic means. The successful experiences with electronic applications under Rule 41, which permits electronic applications for search warrants, support a comparable process for arrests. The provisions in Rule 41 have been transferred to new Rule 4.1, which governs applications by tele- phone or other electronic means under Rules 3, 4, 9, and 41. Changes Made to Proposed Amendment Released for Pub- lic Comment. No changes were made in the amendment as published.