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AK · rules

Alaska R. Crim. P. 9

Warrant or Summons Upon Indictment or Information

activein force · 2018-10-15 – presentact-effective-date

(a) Issuance of Summons or Warrant. Upon the return

of the indictment or filing of the information, the court shall

issue either a summons or a warrant for each defendant named

in the indictment or information unless the defendant is already

on bail or recognizance for the same offense(s). The court

must issue a summons as opposed to a warrant unless the court

finds that an arrest is necessary to ensure the defendant’s

presence in court, or that an arrest is necessary because the

defendant poses a danger to a victim, other persons, or the

community. No summons or warrant may issue for a

defendant named in an information unless the allegations are

supported by statements made under oath.

(b) Form.

(1) Warrant. The form of the warrant shall be as

provided in Rule 4 (b) (1) except that it shall be signed by the

clerk, it shall describe the offense charged in the indictment or

information and it shall command that the defendant be

arrested and brought before the court. The amount of bail shall

be fixed by the court and endorsed on the warrant.

(2) Summons. The summons shall be in the same form as

the warrant except that it shall summon 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 shall be executed

or the summons served as provided in Rule 4(c) (1), (2), and

(3). A summons to a corporation shall be served by delivering

a copy to an officer or to a managing or general agent or to any

other agent authorized by appointment or by law to receive

service of process and, if the agent is one authorized by statute

to receive service, by also mailing a copy to the corporation’s

last known address within the state or at its principal place of

business elsewhere in the United States. The officer executing

the warrant shall bring the arrested person promptly before the

court or, for the purpose of admission to bail, before a

magistrate.

(2) Return. The officer executing a warrant shall make

return thereof to the court. At the request of the prosecuting

attorney any unexecuted warrant shall be returned and

canceled. On or before the return day the person to whom a

summons was delivered for service shall make return thereof.

At the request of the prosecuting attorney made at any time

while the indictment or information is pending, a warrant

returned unexecuted and not canceled or a summons returned

unserved or a duplicate thereof may be delivered by the clerk

to a peace officer or other person authorized for execution or

service.

(3) Service of Summons by Mail. In addition to other

methods of service provided by this rule, summons instead of a

warrant as issued under the provisions of subdivision (a) of this

rule may also be served upon a defendant of known residence

within the jurisdiction of the State of Alaska by registered or

certified mail. In such case a copy or copies of the summons

shall be mailed by the clerk to each defendant named in the

indictment or the information for delivery only to each such

named defendant. The returned delivery receipts shall be

attached to the copies of summons retained by the clerk. If a

delivery receipt is returned unsigned by the defendant named

in the indictment or information to whom the summons was

addressed, at the request of the prosecuting attorney made at

any time while the indictment or information is pending the

summons or duplicate thereof may be delivered by the clerk to

a peace officer or other authorized person for service.

History

(Adopted by SCO 4 October 4, 1959; amended by SCO 90 effective July 24, 1967; amended by SCO 127 effective April 29, 1971; SCO 1153 effective July 15, 1994; and by SCO 1929 effective October 15, 2018) PART IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
145279b33eaf36395f1172b7595104dc96b1670a762655585708d49eda768fda
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