Page:United States Statutes at Large Volume 76A.djvu/605

–509– -509(b) The Federal Eules of Criminal Procedure do not apply to magistrates' courts unless: (1) they are incorporated by reference in a section of this Part and the section is applicable to the magistrates' courts under this chapter; or (2) they are specifically made applicable by this chapter. (c) When a provision of law or of the Federal Rules of Criminal Procedure governing the district court is applicable to the magistrates' courts, references therein to the court or judge shall be deemed to refer to the magistrate; references to the marshal shall be deemed to refer to the constable; and references to the clerk of the district court shall be deemed to refer to the magistrate. § 3842. Rules of procedure in criminal actions in magistrates' courts (a) The district court may from time to time make and amend rules governing criminal procedure in the magistrates' courts not inconsistent with law. (b) Each magistrate may from time to time make and amend rules governing criminal procedure in his court not inconsistent with law or with the rules adopted by the district court pursuant to subsection (a) of this section. Copies of rules and amendments so made by a magistrate shall be filed promptly with the district court. § 3843. Criminal dockets Each magistrate shall keep a book denominated the "criminal docket", which shall be separate and distinct from the civil docket, in which he shall enter: (1) the title of every action or proceeding which shall be "Government of the Canal Zone vs., defendant"; ^2) the date of the warrant; (3) the defendant's name and when arrested; (4) the names of the complainant and the witnesses and whether or not they testified; (5) the time of issuing summons and the return thereon by the person who served it; and (6) the time of trial and the judgment thereon, or if there is no trial under a plea of guilty, the amount of fine or time of imprisonment, or if it is a case in which the offense is beyond the jurisdiction of the magistrate's court, the commitment or bail, or whatever proceeding is Had therein. § 3844. Computation of time Rule 45(a) of the Federal Rules of Criminal Procedure applies to the computation of time in criminal actions in the magistrates' courts. § 3845. Presence of defendant The defendant in a criminal action in a magistrate's court shall be present at every stage of the trial, including the rendering of judgment and the imposition of sentence, except as otherwise provided by this section. The defendant's voluntary absence after the trial has commenced in his presence shall not prevent continuing the trial to and including the rendering of judgment. A corporation may appear by counsel for all purposes. With the written consent of the defendant, the magistrate's court may permit reading of the complaint, plea, trial, and imposition of sentence in the defendant's absence.

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