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Rule 3. The Complaint

The complaint is a written statement of the essential facts constituting the offense charged. 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.

Notes

(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 v. Simon (E.D.Pa.), 248 F. 980; United States v. Maresca (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 “commissioner 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 language of the rule to the recently enacted Federal Magistrates 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 Improvements 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 general restyling of the Criminal Rules to make them more easily understood and to make style and terminology 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. Currently, Rule 3 requires the complaint to be sworn before 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 complaint 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.

Committee Notes on Rules—2011 Amendment

Under the amended rule, the complaint and supporting 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 oversight of the arrest decision and the increasing reliability and accessibility to electronic communication warranted 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 telephone or other electronic means under Rules 3, 4, 9, and 41.

Changes Made to Proposed Amendment Released for Public Comment

No changes were made in the amendment as published.

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Federal Rules of Criminal Procedure
I. APPLICABILITY
1. Scope; Definitions
2. Interpretation
II. PRELIMINARY PROCEEDINGS
3. The Complaint
4. Arrest Warrant or Summons on a Complaint
5. Initial Appearance
5.1. Preliminary Hearing
III. THE GRAND JURY, THE INDICTMENT, AND THE INFORMATION
6. The Grand Jury
7. The Indictment and the Information
8. Joinder of Offenses or Defendants
9. Arrest Warrant or Summons on an Indictment or Information
IV. ARRAIGNMENT AND PREPARATION FOR TRIAL
10. Arraignment
11. Pleas
12. Defenses and Objections -- When and How Presented -- By Pleading or Motion -- Motion for Judgment on the Pleadings
12.1. Notice of an Alibi Defense
12.2. Notice of an Insanity Defense; Mental Examination
12.3. Notice of a Public-Authority Defense
12.4. Disclosure Statement
13. Joint Trial of Separate Cases
14. Relief from Prejudicial Joinder
15. Depositions
16. Discovery and Inspection
17. Subpoena
17.1. Pretrial Conference
V. VENUE
18. Place of Prosecution and Trial
19. [Reserved]
20. Transfer for Plea and Sentence
21. Transfer for Trial
22. [Transferred]
VI. TRIAL
23. Jury or Nonjury Trial
24. Trial Jurors
25. Judge's Disability
26. Taking Testimony
26.1. Foreign Law Determination
26.2. Producing a Witness's Statement
26.3. Mistrial
27. Proving an Official Record
28. Interpreters
29. Motion for a Judgment of Acquittal
29.1. Closing Argument
30. Jury Instructions
31. Jury Verdict
VII. POST-CONVICTION PROCEDURES
32. Sentencing and Judgment
32.1. Revoking or Modifying Probation or Supervised Release
32.2. Criminal Forfeiture
33. New Trial
34. Arresting Judgment
35. Correcting or Reducing a Sentence
36. Clerical Error
37. [Reserved]
38. Staying a Sentence or a Disability
39. [Reserved]
VIII. SUPPLEMENTARY AND SPECIAL PROCEEDINGS
40. Arrest for Failing to Appear in Another District
41. Search and Seizure
42. Criminal Contempt
IX. GENERAL PROVISIONS
43. Defendant's Presence
44. Right to and Appointment of Counsel
45. Computing and Extending Time
46. Release from Custody; Supervising Detention
47. Motions and Supporting Affidavits
48. Dismissal
49. Serving and Filing Papers
49.1. Privacy Protection For Filings Made with the Court
50. Prompt Disposition
51. Preserving Claimed Error
52. Harmless and Plain Error
53. Courtroom Photographing and Broadcasting Prohibited
54. [Transferred]
55. Records
56. When Court Is Open
57. District Court Rules
58. Petty Offenses and Other Misdemeanors
59. Matters Before a Magistrate Judge
60. Victim's Rights
61. Title

US Code
Federal Rules of Criminal Procedure
Federal Rules of Appellate Procedure
Federal Rules of Civil Procedure
Federal Rules of Evidence
Federal Sentencing Guidelines Manual

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