Warrant or Summons Upon Indictment; Appearance Before District Court

19.01 Issuance On the filing of an indictment, the court must issue a warrant for the arrest of each defendant named in the indictment, except that the court may issue a summons instead of a warrant when the prosecutor requests or the court directs, or if the defendant is a corporation. The court may order an indicted defendant already in custody to be brought before the court at a specified date and time. More than one warrant or summons may be issued for the same defendant. If a defendant, other than a corporation, fails to appear in response to a summons, a warrant must issue. 19.02 Form Subd. 1. Warrant. The warrant must: (a) be signed by a judge; (b) contain the defendant's name or, if unknown, any name or description by which the defendant can be identified with reasonable certainty; (c) describe the offense charged; and (d) command the defendant's arrest and appearance in court. The amount of bail and other conditions of release may be set by the court and stated in the warrant. Subd. 2. Summons. The summons must be signed by the court and must summon the defendant to appear before the court at a specified time and place to answer to the indictment. A copy of the indictment must be attached to the summons. 19.03 Service of the Indictment Subd. 1. By Whom. Any officer authorized by law may execute the warrant, and if authorized may also serve the summons. The court administrator may serve the summons in any manner authorized by subdivision 3 of this rule. Subd. 2. Territorial Limits. The warrant may be executed or the summons served any place in the state, except where prohibited by law. Subd. 3. Manner. The warrant must be executed or the summons served as specified in Rule 3.03, subd. 3. Subd. 4. Certification. The execution of a warrant or the service of a summons must be certified as specified in Rule 3.03, subd. 4. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 100 MINNESOTA COURT RULES Subd. 5. Unexecuted Warrants. At the prosecutor's request made during the pendency of the indictment, a warrant returned unexecuted or a summons returned unserved, or a duplicate of either, may be delivered to any authorized officer or person for execution or service. (Amended effective July 1, 2015.) 19.04 Defendant's Appearance in Court Subd. 1. Appearance. The defendant must be taken promptly before the district court that issued the warrant. Subd. 2. Statement to Defendant. A defendant appearing initially in the district court under an arrest warrant, or in response to a summons, must be advised of the charges. If the defendant has not received a copy of the indictment, the defendant must be provided with one. The court must also advise the defendant in accordance with Rule 5.03 (Statement of Rights). Subd. 3. Appointment of Counsel. If the defendant is not represented by counsel and cannot financially afford counsel, the court must appoint counsel as set out in Rule 5.04. Subd. 4. Date for Arraignment. The court may arraign the defendant at the defendant's initial appearance on the indictment, if the defendant so requests and the court consents. If the court does not arraign the defendant at the initial appearance, it must set a date for the arraignment not more than seven days from the initial appearance. The court may extend this date for good cause. At the arraignment, whether at the initial appearance or at some later appearance before the Omnibus Hearing, the defendant may only enter a plea of guilty. A defendant who does not wish to plead guilty must not be asked to enter any other plea, and the arraignment must be continued until the Omnibus Hearing, where, under Rule 11.08 (Pleas), the defendant must plead to the indictment, or be given additional time to plead. Subd. 5. Omnibus Hearing Date and Procedure. If at arraignment the defendant does not plead guilty, the court must schedule an Omnibus Hearing under Rule 11 not more than seven days from the arraignment, unless the court extends the time for good cause. Subd. 6. Notice by Prosecutor. The procedures set out in Rules 7.01 (Notice of Omnibus Issues), 7.02 (Notice of Other Offenses), and 7.03 (Notice of Intent to Seek Aggravated Sentence) apply to cases prosecuted by indictment. Subd. 7. Completion of Discovery. The procedure set out in Rule 7.04 for completion of discovery in felony, gross misdemeanor, and misdemeanor cases applies to cases prosecuted by indictment. 19.05 Bail or Conditions of Release At the defendant's initial appearance in the district court following indictment, the court may, in accordance with Rule 6 (Pretrial Release), set bail or other conditions of release, or may continue or modify bail or conditions of release previously ordered. 19.06 Record A verbatim record must be made at the defendant's initial appearance, arraignment, and Omnibus Hearing. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 101 CRIMINAL PROCEDURE MINNESOTA COURT RULES Comment - Rule 19