Ohio Crim.R. 9

(A) Issuance

Upon the request of the prosecuting attorney the clerk shall forthwith issue a warrant for

each defendant named in the indictment or in the information. The clerk shall issue a

summons instead of a warrant where the defendant has been released on bail and is indicted

for the same offense for which he was bound over pursuant to Rule 5. In addition, the clerk

shall issue a summons instead of a warrant upon the request of the prosecuting attorney or

by direction of the court.

Upon like request or direction, the clerk shall issue more than one warrant or summons for

the same defendant. He shall deliver the warrant or summons to any officer authorized by

law to execute or serve it. If a defendant fails to appear in response to summons, a warrant

shall issue.

(B) Form of warrant and summons

(1) Warrant

The form of the warrant shall be as provided in Rule 4(C)(1) except that it shall be

signed by the court or clerk. It shall describe the offense charged in the indictment

or information. A copy of the indictment or information shall be attached to the

warrant which shall command that the defendant be arrested and brought before the

court issuing the warrant without unnecessary delay.

(2) Summons

The summons shall be in the same form as the warrant, except that it shall not

command that the defendant be arrested, but shall order the defendant to appear

before the court at a stated time and place and inform him that he may be arrested

if he fails to appear at the time and place stated in the summons. A copy of the

indictment or information shall be attached to the summons.

(C) Execution or service; return

(1) Execution or service

Warrants shall be executed or summons served as provided in Rule 4(D) and the

arrested person shall be treated in accordance with Rule 4(E)(1).

(2) Return

The officer executing a warrant shall make return thereof to the court.

When the person serving summons is unable to serve a copy of the summons within twenty-eight days of the date of issuance, he shall endorse that fact and the reasons therefor on the

summons and return the summons, and copies to the clerk, who shall make the appropriate

entry on the appearance docket.

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 copy thereof, may be delivered by the clerk to the sheriff or o ther

authorized person for execution or service.