RI · rules
R.I. Super. Ct. R. Crim. P. 4
Arrest Warrant or Summons Upon Complaint
(a) Arrest Warrant.
(1) Issuance. If it appears from the complaint, or from the statement or statements
made and subscribed to before a judicial officer of the District Court or other officer
empowered to issue warrants, that there is probable cause to believe that an offense
has been committed and that the defendant has committed it, a warrant for the arrest
of the defendant shall issue to any officers authorized by law to execute it.
(2) Form. The arrest warrant shall be signed by the judicial officer issuing it and
shall contain the name of the defendant or, if the defendant's name is unknown, any
name or description by which the defendant can be identified with reasonable
certainty. The arrest warrant shall describe the offense(s) charged in the complaint.
The judicial officer or other officer issuing an arrest warrant may endorse upon it the
amount of bail if the offense is bailable by that judicial officer or other officer. The
warrant shall be directed to any officers or other persons authorized by law to
execute same and shall command that the defendant be arrested and, unless
otherwise provided by law, be brought before a judicial officer of the District Court
for the division in which the crime was committed.
(3) Execution and Return of a Warrant.
(A) By Whom. The arrest warrant shall be executed by any officer authorized by
law.
(B) Territorial Limits. The arrest warrant may be executed at any place within
the State of Rhode Island.
(C) Manner. The warrant shall be executed by the arrest of the defendant. The
officer need not have the warrant in the officer's possession at the time of the arrest,
but upon request the officer shall show the warrant to the defendant as soon as
possible. If the officer does not have the warrant in the officer's possession at the
time of the arrest, the officer shall then inform the defendant of the offense(s)
charged and that an arrest warrant has been issued.
(D) Return. The officer executing an arrest warrant shall make return thereof to
the judicial officer before whom the defendant is brought pursuant to Rule 5. Upon
execution of an arrest warrant or surrender by a defendant, the attorney for the Office
of the Attorney General or the authorized law enforcement agency shall cause any
copies of the arrest warrant to be returned to the District Court for the division in
which the offense was committed. The Office of the Attorney General or the
authorized law enforcement agency may return any unexecuted arrest warrants to
the District Court for cancellation. At the request of the attorney for the Office of the
Attorney General or the authorized law enforcement agency made at any time while
the complaint is pending, an arrest warrant returned unexecuted and not cancelled
may be delivered to any authorized person for execution.
(b) Summons.
(1) Issuance. The Office of the Attorney General or the authorized law
enforcement agency may serve a summons upon the defendant.
(2) Form. The summons shall be in a form approved by the District Court,
describe the offense(s) charged in the complaint, and shall summon the defendant to
appear at a stated time and place before a judicial officer of the District Court for the
division in which the offense is alleged to have been committed.
The Office of the Attorney General or the authorized law enforcement agency shall
have the defendant sign the summons or acknowledge that the defendant refused to
sign. If a defendant fails to appear in response to the summons, a bench warrant may
issue. The most current Summons is located on the Judiciary's website at
www.courts.ri.gov under the heading of Forms, District Court.
(3) Service and Return of a Summons.
(A) By Whom. The summons may be served by any person authorized to
execute a warrant.
(B) Territorial Limits. The summons may be served at any place within the
State of Rhode Island.
(C) Manner. The summons shall be served upon a defendant by delivering a
copy to the defendant personally, by leaving it at the defendant's dwelling house or
usual place of abode with some person of suitable age and discretion then residing
therein, or by mailing it to the defendant's last known address.
(D) Return. Upon service of a summons or surrender by a defendant, the
attorney for the Office of the Attorney General or the authorized law enforcement
agency shall cause any copies of the summons or any summons issued against the
defendant for the same offense, to be returned to the District Court for the division
in which the offense was committed. On or before the return day the person to whom
a summons was delivered for service shall make return thereof to the District Court
for the division in which the offense was committed. At the request of the attorney
for the Office of the Attorney General or the authorized law enforcement agency
made at any time while the complaint is pending, a summons returned unserved or
a duplicate thereof may be delivered to any authorized person for service.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
2d6bcb94acc4258574d05e93548cd566c42c1664358c392e0928f28739b29368
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.