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R.I. Super. Ct. R. Crim. P. 4

Arrest Warrant or Summons Upon Complaint

activein force · 2024-02-01 – presentact-effective-date

(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
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