§ 3116. Records of examining magistrate judge; return to clerk of court—(Rule)

Statutory text

See Federal Rules of Criminal Procedure Magistrate judges and clerks of court to keep records as prescribed by Director of the Administrative Office of the United States Courts, Rule 55. Return or filing of records with clerk, Rule 41(f).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 3116
June 25, 1948, ch. 645, 62 Stat. 821
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 821
1968
Federal Magistrates Act
Pub. L. 90–578 title III § 301(a)(4) · 82 Stat. 1107
Substituted · 18 U.S.C. § 3116
Pub. L. 90–578 substituted “Magistrates” for “Commissioners”
Source evidence
Code amendment note
Pub. L. 90–578 substituted “Magistrates” for “Commissioners”.
Enacted provision · exact public law section
(4) striking out the word “Commissioners” wherever it appears in relation to United States commissioners, and inserting in lieu thereof the word “magistrates”.
Effective date note
Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Section 627 of title 18, U.S.C., 1940 ed., relating to the filing of search warrants and companion papers, was omitted as unnecessary in view of Rule 41(f) of the Federal Rules of Criminal Procedure.

Editorial Notes

References in Text

Rule 41(f), referred to in text, was redesignated 41(g) by 1972 amendment eff. Oct. 1, 1972.

Amendments

1968—Pub. L. 90–578 substituted “Magistrates” for “Commissioners”.

Statutory Notes and Related Subsidiaries

Change of Name

Words “magistrate judge” substituted for “magistrate” in section catchline and “Magistrate judges” substituted for “Magistrates” in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Credits

1948–1990 · 3 acts

1948June 25, 1948, ch. 645, 62 Stat. 821
1968Pub. L. 90–578, title III, § 301(a)(4), Oct. 17, 1968, 82 Stat. 1115
1990Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.

Show as published

(June 25, 1948, ch. 645, 62 Stat. 821; Pub. L. 90–578, title III, § 301(a)(4), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)