Rule 3. The Complaint

The complaint is a written statement of the essential facts constituting the offense charged. It shall be made upon oath before a magistrate judge.

(As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1993, eff. Dec. 1, 1993.)

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.

Cross References

Arrest without warrant, filing of complaint on bringing arrested person before magistrate judge, see rule 5.

Copy of complaint, issuance of warrant of removal, see rule 40.

Dismissal of complaint, by Attorney General or United States attorney, see rule 48.

Extradition of fugitives from foreign country, complaint on oath, see section 3184 of this title.

Internal revenue law violations, see section 3045 of this title.

Warrant for arrest-

Description of offense charged in complaint, see rule 4.

Issued upon complaint, see rule 5.

Warrant of removal, issuance on copy of complaint, see rule 40.