Rule 6.102 - Warrants and Summonses(A) Issuance of Summons; Warrant. A court must issue an arrest warrant or a summons as provided in this rule if presented with a proper complaint and if the court finds probable cause to believe that the accused committed the alleged offense.(B) Probable Cause Determination. A finding of probable cause may be based on hearsay evidence and rely on factual allegations in the complaint, affidavits from the complainant or others, the testimony of a sworn witness adequately preserved to permit review, or any combination of these sources.(C) Summons. A court must issue a summons unless otherwise provided in subrule (D).(1) Form. A summons must contain the same information as an arrest warrant, except that it should summon the accused to appear before a designated court at a stated time and place.(2) Service and Return of Summons. A summons may be served by the court or prosecuting attorney by(a) delivering a copy to the named individual; or(b) leaving a copy with a person of suitable age and discretion at the individual's home or usual place of abode; or(c) mailing a copy to the individual's last known address. Service should be made promptly to give the accused adequate notice of the appearance date. Unless service is made by the court, the person serving the summons must make a return to the court before the person is summoned to appear.
(3) If the accused fails to appear in response to a summons, the court may issue a bench warrant pursuant to MCR 6.103.(D) Arrest Warrant. A court may issue an arrest warrant, rather than a summons, if any of the following circumstance apply(1) the complaint is for an assaultive crime or an offense involving domestic violence, as defined in MCL 764.1a.(2) there is reason to believe from the complaint that the person against whom the complaint is made will not appear upon a summons.(3) the issuance of a summons poses a risk to public safety.(4) the prosecutor has requested an arrest warrant.(E) Contents of Warrant; Court's Subscription. A warrant must (1) contain the accused's name, if known, or an identifying name or description;(2) describe the offense charged in the complaint;(3) command a peace officer or other person authorized by law to arrest and bring the accused before a judicial officer of the judicial district in which the offense allegedly was committed or some other designated court; and(4) be signed by the court.(F) Warrant Specification of Interim Bail. Where permitted by law, the court may specify on the warrant the bail that an accused may post to obtain release before arraignment on the warrant and, if the court deems it appropriate, include as a bail condition that the arrest of the accused occur on or before a specified date or within a specified period of time after issuance of the warrant.(G) Execution and Return of Warrant. Only a peace officer or other person authorized by law may execute an arrest warrant. On execution or attempted execution of the warrant, the officer must make a return on the warrant and deliver it to the court before which the arrested person is to be taken.(H) Release on Interim Bail. If an accused has been arrested pursuant to a warrant that includes an interim bail provision, the accused must either be arraigned promptly or released pursuant to the interim bail provision. The accused may obtain release by posting the bail on the warrant and by submitting a recognizance to appear before a specified court at a specified date and time, provided that(1) the accused is arrested prior to the expiration date, if any, of the bail provision;(2) the accused is arrested in the county in which the warrant was issued, or in which the accused resides or is employed, and the accused is not wanted on another charge;(3) the accused is not under the influence of liquor or controlled substance; and(4) the condition of the accused or the circumstances at the time of arrest do not otherwise suggest a need for judicial review of the original specification of bail.