Arrest Warrant or Summons on an Indictment or Informa-

Federal Rules of Criminal Procedure

Rule: 9

Jurisdiction: US

Bluebook Citation: Fed. R. Crim. P. 9

tion (a) Issuance. The court must issue a warrant—or at the govern- ment’s request, a summons—for each defendant named in an in- dictment or named in an information if one or more affidavits ac- companying the information establish probable cause to believe that an offense has been committed and that the defendant com- mitted it. The court may issue more than one warrant or sum- mons for the same defendant. If a defendant fails to appear in re- sponse to a summons, the court may, and upon request of an at- torney for the government must, issue a warrant. The court must issue the arrest warrant to an officer authorized to execute it or the summons to a person authorized to serve it. (b) Form. (1) Warrant. The warrant must conform to Rule 4(b)(1) ex- cept that it must be signed by the clerk and must describe the offense charged in the indictment or information. (2) Summons. The summons must be in the same form as a warrant except that it must require the defendant to appear before the court at a stated time and place. (c) Execution or Service; Return; Initial Appearance. (1) Execution or Service. (A) The warrant must be executed or the summons served as provided in Rule 4(c)(1), (2), and (3). (B) The officer executing the warrant must proceed in accordance with Rule 5(a)(1). (2) Return. A warrant or summons must be returned in ac- cordance with Rule 4(c)(4). (3) Initial Appearance. When an arrested or summoned de- fendant first appears before the court, the judge must proceed under Rule 5. (d) Warrant by Telephone or Other Means. In accordance with Rule 4.1, a magistrate judge may issue an arrest warrant or sum- mons based on information communicated by telephone or other reliable electronic means. (As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1974, eff. Dec. 1, 1975; Pub. L. 94–64, § 3(4), July 31, 1975, 89 Stat. 370, eff. Dec. 1, Rule 10 FEDERAL RULES OF CRIMINAL PROCEDURE 16 1975; Pub. L. 94–149, § 5, Dec. 12, 1975, 89 Stat. 806; Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 28, 1982, eff. Aug. 1, 1982; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 26, 2011, eff. Dec. 1, 2011.) TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.