The complaint is a written statement of the essential facts con-
stituting the offense charged. Except as provided in Rule 4.1, it
must be made under oath before a magistrate judge or, if none is
reasonably available, before a state or local judicial officer.
(As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1993, eff. Dec.
1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 26, 2011, eff. Dec. 1, 2011.)
118 U.S.C. §
3771(e) was redesignated 18 U.S.C. §
3771(e)(2) by Pub. L. 114–22, title I, §113(a)(3)(A),
May 29, 2015, 129 Stat. 240.
Arrest Warrant or Summons on a Complaint
(a) Issuance. If the complaint or one or more affidavits filed
with the complaint establish probable cause to believe that an of-
fense has been committed and that the defendant committed it,
the judge must issue an arrest warrant to an officer authorized to
execute it. At the request of an attorney for the government, the
judge must issue a summons, instead of a warrant, to a person au-
thorized to serve it. A judge may issue more than one warrant or
summons on the same complaint. If an individual defendant fails
to appear in response to a summons, a judge may, and upon re-
quest of an attorney for the government must, issue a warrant. If
an organizational defendant fails to appear in response to a sum-
mons, a judge may take any action authorized by United States
law.
(b) Form.
(1) Warrant. A warrant must:
(A) contain the defendant’s name or, if it is unknown, a
name or description by which the defendant can be identi-
fied with reasonable certainty;
(B) describe the offense charged in the complaint;
(C) command that the defendant be arrested and brought
without unnecessary delay before a magistrate judge or, if
none is reasonably available, before a state or local judi-
cial officer; and
(D) be signed by a judge.
(2) Summons. A summons must be in the same form as a war-
rant except that it must require the defendant to appear be-
fore a magistrate judge at a stated time and place.
(c) Execution or Service, and Return.
(1) By Whom. Only a marshal or other authorized officer may
execute a warrant. Any person authorized to serve a summons
in a federal civil action may serve a summons.
(2) Location. A warrant may be executed, or a summons
served, within the jurisdiction of the United States or any-
where else a federal statute authorizes an arrest. A summons
to an organization under Rule 4(c)(3)(D) may also be served at
a place not within a judicial district of the United States.
(3) Manner.
(A) A warrant is executed by arresting the defendant.
Upon arrest, an officer possessing the original or a dupli-
cate original warrant must show it to the defendant. If the
officer does not possess the warrant, the officer must in-
form the defendant of the warrant’s existence and of the
offense charged and, at the defendant’s request, must show
the original or a duplicate original warrant to the defend-
ant as soon as possible.
(B) A summons is served on an individual defendant:
(i) by delivering a copy to the defendant personally;
or
(ii) by leaving a copy at the defendant’s residence or
usual place of abode with a person of suitable age and
discretion residing at that location and by mailing a
copy to the defendant’s last known address.
Rule 4.1 FEDERAL RULES OF CRIMINAL PROCEDURE 4
(C) A summons is served on an organization in a judicial
district of the United States by delivering a copy to an of-
ficer, to a managing or general agent, or to another agent
appointed or legally authorized to receive service of proc-
ess. If the agent is one authorized by statute and the stat-
ute so requires, a copy must also be mailed to the organi-
zation.
(D) A summons is served on an organization not within
a judicial district of the United States:
(i) by delivering a copy, in a manner authorized by
the foreign jurisdiction’s law, to an officer, to a man-
aging or general agent, or to an agent appointed or le-
gally authorized to receive service of process; or
(ii) by any other means that gives notice, including
one that is:
(a) stipulated by the parties;
(b) undertaken by a foreign authority in response
to a letter rogatory, a letter of request, or a re-
quest submitted under an applicable international
agreement; or
(c) permitted by an applicable international
agreement.
(4) Return.
(A) After executing a warrant, the officer must return it
to the judge before whom the defendant is brought in ac-
cordance with Rule 5. The officer may do so by reliable
electronic means. At the request of an attorney for the
government, an unexecuted warrant must be brought back
to and canceled by a magistrate judge or, if none is reason-
ably available, by a state or local judicial officer.
(B) The person to whom a summons was delivered for
service must return it on or before the return day.
(C) At the request of an attorney for the government, a
judge may deliver an unexecuted warrant, an unserved
summons, or a copy of the warrant or summons to the
marshal or other authorized person for execution or serv-
ice.
(d) Warrant by Telephone or Other Reliable Electronic Means. In
accordance with Rule 4.1, a magistrate judge may issue a warrant
or summons based on information communicated by telephone or
other reliable electronic means.