FEDERAL RULES OF PROCEDURE FOR Effective May 19, 1969 The Federal Rules of Procedure for United States Magistrates were prescribed by the Supreme Court of the United States pursuant to 18 U. S. C. § 3402. (References herein to Title 18 of the United States Code (except for §1) are to Supplement IV of the 1964 edition.) These rules became effective as of the date of the Court's order, post, p. 990. SUPREME COURT OF THE UNITED STATES MONDAY, MAY 19, 1969 ORDERED that the following rules, to be known as the Federal Rules of Procedure for United States Magistrates, be and they hereby are prescribed pursuant to Section 3402 of Title 18, United States Code. These rules shall take effect as of the date of this order. MR. JUSTICE BLACK casts no vote as to these rules. FEDERAL RULES OF PROCEDURE FOR UNITED STATES MAGISTRATES. Rule 1. Scope. These rules apply to proceedings before United States magistrates and in the district courts under 18 U. S. C. §§ 3401, 3402, relating to trial of minor offenses by magistrates, and appeal from conviction in such cases. Rule 2. Applicability of district court rules. Procedures not provided for herein shall be governed by the Rules of Criminal Procedure for the United States District Courts to the extent they may be applicable. 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 United States magistrate. Rule 4. Warrant or summons upon complaint. (a) Issuance.-If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any officer authorized by law to execute it or a summons for the appearance of the defendant shall issue in lieu thereof. The finding of probable cause may be based upon reliable hearsay. Before ruling on a request for a warrant the United States magistrate may require the complainant to appear personally and may examine under oath the complainant and any witnesses he may produce, provided that such proceeding shall be taken down by a court reporter or recorded by suitable recording equipment. To carry out the policy against unnecessary detention of defendants prior to trial, the magistrate may issue a summons instead of a warrant and shall issue a summons instead of a warrant whenever requested to do so by the attorney for the government. More than one warrant or summons may issue on the same complaint. If a defendant fails to appear in response to the summons, a warrant shall issue. (b) Form. (1) Warrant.-The warrant shall be signed by the United States magistrate and shall contain the name of the defendant or, if his name is unknown, any name or description by which he can be identified with reasonable certainty. It shall describe the offense charged in the complaint. It shall command that the defendant be arrested and brought before the nearest available United States magistrate. (2) Summons.-The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before a United States magistrate at a stated time and place. (c) Execution or service; and return.-The warrant shall be executed, the summons served, and return made as provided for in rule 4 (c) of the Rules of Criminal Procedure for the United States District Courts. Rule 5. Initial appearance before the United States magistrate. (a) Filing of complaint.-If a person arrested without a warrant is brought before a United States magistrate, a complaint shall be filed forthwith. When a person, arrested with or without a warrant or given a summons, appears initially before the United States magistrate, the magistrate shall proceed in accordance with the applicable subdivisions of this rule. (b) Statement by the United States magistrate.-The United States magistrate shall inform the defendant of the complaint against him and of any affidavit filed therewith, of his right to retain counsel, of his right to request the assignment of counsel if he is unable to |