As amended through June 7, 2024
Rule 8 - Warrant or summons upon complaint(a) Issuance. If it appears from the complaint, or from the statement or statements made and subscribed to before a judge 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. Upon request of the representative of the State a summons instead of a warrant shall issue. More than one warrant or summons may issue on the same complaint. If a defendant fails to appear in response to the summons, a warrant shall issue. (b) Form.(1) Warrant. The 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. It shall describe the offense charged in the complaint. The judge or other officer issuing a warrant may endorse upon it the amount of bail. It 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 judge of the District Court for the division in which the crime was committed. (2) Summons. The summons shall be in the same form as the warrant except that it shall summon the defendant to appear at a stated time and place before a judge of the District Court for the division in which the offense is alleged to have been committed. (c) Execution or Service; and Return.(1) By Whom. The warrant shall be executed by any officer authorized by law. The summons may be served by any person authorized to execute a warrant. (2) Territorial Limits. The warrant may be executed or the summons may be served at any place within the State of Rhode Island. (3) Manner. The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in his or her 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 his or her possession at the time of the arrest, the officer shall then inform the defendant of the offense charged and 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 of suitable age and discretion 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 judge before whom the defendant is brought pursuant to Rule 9. Upon execution of a warrant, or service of a summons, or surrender by a defendant, the attorney for the State shall cause any copies of the warrant or summons, or any unexecuted warrant or summons is sued against the defendant for the same offense to be returned to the judicial officer by whom it was issued to be cancelled by him or her. On or before the return day the person to whom a summons was delivered for service shall make return thereof to the judicial officer before whom the summons is returnable. At the request of the prosecuting attorney made any time while the complaint is pending, a warrant returned unexecuted and not cancelled or a summons returned unserved or a duplicate thereof may be delivered by the judicial officer who issued same to any authorized person for execution or service.