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W.R.Cr.P. 9

Warrant or Summons upon Indictment

activein force · 2026-09-24 – presentact-effective-date

(a) Issuance and deliverance. — The court shall issue or direct the clerk to

issue a summons for each defendant named in the indictment unless a warrant

is requested by the attorney for the state. Upon the request of the attorney for

the state, the court shall order a warrant, rather than a summons, to be issued.

More than one warrant or summons may issue for the same defendant. The

warrant or summons shall be delivered to the sheriff or other person authorized by law to execute or serve it. If a defendant fails to appear in response to

the summons, a warrant shall issue.

(b) Form. —

(1) Warrant. — The warrant 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 and shall be signed by

a judicial officer except that, upon the court’s direction, it may be signed by

the clerk. The warrant shall describe the offense charged in the indictment

and command that the defendant be arrested and brought before the court.

The amount of bail may be fixed by the court and endorsed on the warrant.

(2) Summons. — The summons shall be in the same form as the warrant

except that it shall summon the defendant to appear before the court at a

stated time and place.

(c) Execution or service; return. —

(1) Execution or Service. — A warrant shall be executed by a peace officer

or by some other officer authorized by law. A summons shall be served by the

sheriff or by any person over the age of 19 years, not a party to the action,

appointed for such purpose by the clerk. A summons to a corporation shall be

served by delivering a copy to an officer or to a managing or general agent or

to any other agent authorized by appointment or by law to receive service of

process and, if the agent is one authorized by statute to receive service and

the statute so requires, by also mailing a copy to the corporation’s last

address within the state or at its principal place of business elsewhere in the

United States. The officer executing a warrant shall bring the arrested

person promptly before the court, or for the purpose of admission to bail,

before a commissioner.

(2) Territorial Limits. — A warrant may be executed or a summons may be

served at any place within the State of Wyoming and the jurisdiction of the

court.

(3) Manner. — The warrant shall be executed by the arrest of the

defendant. The officer need not have the warrant in possession at the time of

the arrest, but provide a copy of the warrant to the defendant as soon as

possible. If the officer does not have the warrant in possession at the time of

the arrest, the officer shall then inform the defendant of the offense charged

and of the fact that a warrant has been issued. The summons shall be served

upon a defendant by delivering a copy to the defendant personally, or by

leaving it at the defendant’s dwelling house or usual place of abode with

some person over the age of 14 years then residing therein or by mailing it

to the defendant’s last known address.

(4) Return. — The officer executing a warrant shall make return thereof

to the court. At the request of the attorney for the state, any unexecuted

warrant shall be returned and canceled. On or before the return day, the

person to whom a summons was delivered for service shall make return

thereof. At the request of the attorney for the state made at any time while

the indictment is pending, a warrant returned unexecuted and not canceled,

or a summons returned unserved, or a duplicate thereof, may be delivered by

the clerk to the sheriff or other authorized person for execution or service.

Provenance

Source
wyocourts.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
0aa0cebf82e72b84ad3f411bf068861567fa734c793e4806585fba794f7f28bc
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W.R.Cr.P. 9 — Warrant or Summons upon Indictment · binding.law