US · rules
Fed. R. Crim. P. 9
Arrest Warrant or Summons on an Indictment or Information
(a) Issuance. The court must issue a warrant—or at the government’s request, a summons—for each defendant named in an indictment or named in an information if one or more affidavits accompanying the information establish probable cause to believe
that an offense has been committed and that the defendant committed it. The court may issue more than one warrant or summons for the same defendant. If a defendant fails to appear in response to a summons, the court may, and upon request of an attorney for the government must, issue a warrant. The court must
issue the arrest warrant to an officer authorized to execute it or
the summons to a person authorized to serve it.
(b) Form.
(1) Warrant. The warrant must conform to Rule 4(b)(1) except that it must be signed by the clerk and must describe the
offense charged in the indictment or information.
(2) Summons. The summons must be in the same form as a
warrant except that it must require the defendant to appear
before the court at a stated time and place.
(c) Execution or Service; Return; Initial Appearance.
(1) Execution or Service.
(A) The warrant must be executed or the summons
served as provided in Rule 4(c)(1), (2), and (3).
(B) The officer executing the warrant must proceed in
accordance with Rule 5(a)(1).
(2) Return. A warrant or summons must be returned in accordance with Rule 4(c)(4).
(3) Initial Appearance. When an arrested or summoned defendant first appears before the court, the judge must proceed
under Rule 5.
(d) Warrant by Telephone or Other Means. In accordance with
Rule 4.1, a magistrate judge may issue an arrest warrant or summons based on information communicated by telephone or other
reliable electronic means.
(As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1974, eff. Dec.
1, 1975; Pub. L. 94–64, § 3(4), July 31, 1975, 89 Stat. 370, eff. Dec. 1,
16 Rule 10 FEDERAL RULES OF CRIMINAL PROCEDURE
1975; Pub. L. 94–149, § 5, Dec. 12, 1975, 89 Stat. 806; Apr. 30, 1979, eff.
Aug. 1, 1979; Apr. 28, 1982, eff. Aug. 1, 1982; Apr. 22, 1993, eff. Dec.
1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 26, 2011, eff. Dec. 1, 2011.)
TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
f55825dd00519d5fb98ae6b3950ea35d03f90c43d628b40f6006d70438d219f7
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