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

---
identifier: "/us/usc/t18/s3116"
source: "usc"
legal_status: "official_legal_evidence"
title: "18 USC § 3116 - Records of examining magistrate judge; return to clerk of court—(Rule)"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
section_number: "3116"
section_name: "Records of examining magistrate judge; return to clerk of court—(Rule)"
chapter_number: 205
chapter_name: "SEARCHES AND SEIZURES"
part_number: "II"
part_name: "CRIMINAL PROCEDURE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


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

### 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).

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**Source Credit**: (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.)

### Historical and Revision Notes

, 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. .

### Amendments

1968— 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 , set out as a note under , Judiciary and Judicial Procedure.

### Effective Date of 1968 Amendment

Amendment by  effective , 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  on , see , set out as a note under , Judiciary and Judicial Procedure.