Fed. R. Crim. P. 9 — Arrest Warrant or Summons on an Indictment or Informa- tion

Federal Rules of Criminal Procedure

Rule 9 — Arrest Warrant or Summons on an Indictment or Informa- tion

Fed. R. Crim. P. 9

SourceFederal Rules of Criminal Procedure

Rule9

TITLE IIITHE GRAND JURY, THE INDICTMENT, AND THE

CitationFed. R. Crim. P. 9

Fed. R. Crim. P. 9 (Arrest Warrant or Summons on an Indictment or Informa- tion) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

Fed. R. Crim. P. 9.

Text

(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 m

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(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.

Advisory Committee Notes

(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, ; 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.)