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 t...
PRELIMINARY PROCEEDINGS. 3. The Complaint.
PRELIMINARY PROCEEDINGS. Tenured Faculty only
PRELIMINARY PROCEEDINGS. 20.1. Any neutral panel having jurisdiction under this Chapter to which a dispute has been referred in accordance with Article 11 (Establishment of a Neutral Panel) and Article 15 (Terms of Reference of the Neutral Panel), shall determine at the request of a party to the dispute, a Party with legitimate third party rights, or propio motu, whether the claim constitutes an abuse of legal process or whether, prima facie, it is well founded. If the neutral panel determines that the claim constitutes an abuse of legal process or is prima facie, unfounded, it shall take no further action in the case.
PRELIMINARY PROCEEDINGS. Prior to the institution of any arbitration proceeding pursuant to this "Arbitration" Section, Licensor or Licensee may, at their respective option, elect to:
