Warrant Or Summons Upon Indictment Or Information

North Dakota Rules of Criminal Procedure

Rule: 9.

Jurisdiction: ND

Bluebook Citation: N.D.R.Crim.P. 9.

(a) Issuance. The court must issue an arrest warrant for each defendant named in the indictment or information, if it is supported by a showing of probable cause as required in Rule 4(a). The court need not issue a warrant for any defendant who has been held to answer for any offense charged. After a showing of probable cause, the court may issue a summons instead of a warrant on its own motion or at the request of the prosecuting attorney. On like request or on its own motion, the court may issue more than one warrant or summons for the same defendant. The court must issue the arrest warrant or summons to the sheriff or other person authorized by law to execute or serve it. If a defendant fails to appear in response to a summons, the court must issue a warrant. (b) Form. (1) Warrant. The warrant must conform to Rule 4(b)(1), describe the offense charged in the indictment or information, and command that the defendant be arrested and brought before the court. The court may fix the amount of bail and endorse it on the warrant. (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; and Return. (1) Execution or Service. The warrant must be executed or the summons served as provided in Rule 4(c)(1) and (2). (2) Return. A warrant or summons must be returned in accordance with Rule 4(d). (d) Warrant or Summons by Telephone or Other Means. In accordance with Rule 4.1 , the magistrate may issue a warrant or summons based on information communicated by telephone or other reliable electronic means.

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