Rule 4 - Arrest Warrant or Summons Upon Complaint(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 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 offenses 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 court in the county in which the crime was committed.(3)Execution and Return of an Arrest 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 arrest 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 10. Upon execution of an arrest warrant or surrender by a defendant, the attorney for the prosecuting authority shall cause any copies of the arrest warrant to be returned to the court in the county in which the offense was committed. The attorney for the prosecuting authority may return any unexecuted arrest warrants to the court for cancellation. At the request of the attorney for the prosecuting authority 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 prosecuting authority may serve a summons to appear upon the defendant.(2)Form. The summons shall be in a form approved by the 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 court in the county in which the offense was alleged to have been committed. The prosecuting authority 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 Public Resources, Forms, Family 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 prosecuting authority shall cause any copies of the summons or any summons issued against the defendant for the same offense, to be returned to court in the county 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 court in the county in which the offense was committed. At the request of the attorney for the prosecuting authority 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.