AK · rules
Alaska R. Crim. P. 9
Warrant or Summons Upon Indictment or Information
(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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