Ky. Cir. Ct. Clerks' Manual WARRANTS AND CRIMINAL SUMMONS

101 WARRANTS AND CRIMINAL SUMMONS

RCr 2.06; 2.10(2); 6.52; 6.56(1), RCr 13.10

Process Map

Circuit or District Court

 eWarrants

 Criminal Summons and Arrest Warrants

 Search Warrants

 Governor’s Warrant

 Bail Jumping Warrant

101.1 eWarrants

The eWarrants program allows warrants and summonses to be issued

electronically and facilitates the sharing of information among all law

enforcement concerning active warrants/summonses in jurisdictions in

Kentucky. See the KyCourts Manual for specific instructions on utilizing

eWarrants.

101.2 Criminal Summons and Arrest Warrants

 Criminal summons or arrest warrants issued upon indictment may be signed by

the clerk.

 Criminal summons or arrest warrants issued upon complaints must be signed by

a judge or trial commissioner. RCr 2.06, 6.54.

EXCEPTION: In the event of the absence from a county of all district judges and

all circuit judges and all trial commissioners, the circuit clerk in each county may

issue criminal warrants prepared by the commonwealth's attorney or county

attorney, who shall certify that there is no district judge, circuit judge or trial

commissioner within the county. KRS 15.725(4).

NOTE: The term "criminal warrants" includes search warrants.

WARRANTS AND CRIMINAL SUMMONS

1. Generate a criminal summons or arrest warrant for each person to be Quick Reference

served, as ordered by the judge, by completing the issuance portion of

the summons or warrant screen in KyCourts.

NOTE: Complete the “Issuing Judge” field to electronically route the

warrant/summons to the judge who will be authorizing the

warrant/summons. If a warrant is being issued upon an indictment and the

clerk is authorizing the warrant, DO NOT complete the issuing judge field.

2. The summons or warrant upon authorization will be electronically

routed to law enforcement as appropriate for service.

EXCEPTION: If the judge, county attorney or commonwealth attorney direct,

serve a criminal summons by certified mail, return receipt requested. RCr

2.10(2)(b).

3. When a return is received, apply the FILED stamp; add the date and File, date, initial

your initials. Note the return by completing the return portion of the

summons or warrant screens. You may use the memo field to record the

service agency.

4. Criminal process may be issued and served on Sunday. KRS 431.095.

101.2.1 Bench Warrant for Failure to Pay Court Costs,

Fees, and Fines

 The response of a court to nonpayment shall be determined only after the

court costs, fees, or fines have not been paid and either a show cause Quick Reference

hearing has been held, or the defendant has failed to appear at the show

cause hearing. Every warrant for arrest issued shall include a notice to the

jailer that the defendant shall be released upon payment or completion of

daily credit pursuant to KRS 534.070.

1. If defendant fails to appear at a show cause hearing, the judge may issue

a warrant for the defendant’s arrest.

2. If a bench warrant is issued, include in the Bail memo in KYCourts the

total amount of court costs, fees, and fines owed by defendant with the

statement “released if paid or upon service of daily credit.”

NOTE: After warrant is issued no partial payments should be accepted.

3. Upon receipt from jailer of AOC-426 (Notice of Jail Credit), apply the

FILED stamp, add the date and your initials.

4. File on a document screen using document code NJC. Enter the amount

of credit earned in the box provided. Refer to the Jail Credit Section in

the Accounting Manual for information about applying the credit.

101.3 Search Warrants

RCr 13.10

WARRANTS AND CRIMINAL SUMMONS

1. If a request for a search warrant is received direct the requestor to the

county attorney or commonwealth attorney. Upon sufficient affidavit

the warrant is issued by a judge or other officer authorized to issue

warrants.

2. The issuing officer will file a copy of the search warrant and supporting

affidavit with the circuit clerk.

3. Do not open a case file. Maintain a file (alphabetical or numerical) of

these documents until a return is received.

101.3.1 Return of Service

1. Upon receipt of a return of service apply the FILED stamp to the File, date, initial

affidavit and search warrant; add the date and your initials.

2. If a case file exists which is the subject of the search warrant, file the

affidavit and search warrant by completing a document screen. Use AOC Form 335 –

document type ASW (AOC Form 335), ASWNN (AOC Form 335.1), SW Document type ASW

(AOC Form 340), or SWNN (AOC Form 340.1). Make a notation of the AOC Form 335.1 –

date and hour of service in the memo field. Document type ASWNN

If a case file does not exist, file in an alphabetical file of executed search AOC Form 340 –

warrants. Destroy pursuant to the Kentucky Court of Justice Records Document type SW

Retention Schedule.

AOC Form 340.1 –

101.3.2 Inspection of Search Warrants Document type SWNN

The clerk may provide a copy of an executed search warrant to the public upon

request if it has not been sealed or access has not otherwise been restricted or

prohibited (by court order).

NOTE: If you have any concern about releasing a copy of a search warrant,

confer with the judge first prior to releasing a copy. If a search warrant has not

been executed or if it has been sealed or access has otherwise been restricted

or prohibited by court order, check with the judge first about the request.

101.4 Governor’s Warrant

101.5 Bail Jumping Warrant