Rule 9 - Arrest Warrant, Summons, or Notice to Appear upon Indictment or Information.(a)Arrest Warrant.(1)Issuance. Upon the request of the attorney for the State, the court shall issue an arrest warrant for each defendant named in the indictment or information. The clerk shall deliver the arrest warrant to an officer or other person authorized by law to execute it.(2)Form. The form of the arrest warrant shall be as provided in Rule 4(a)(2) except that it shall be signed by either the court, or the clerk or the clerk's deputy. The warrant shall describe the offense(s) charged in the indictment or information and shall 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 arrest warrant.(3)Execution and Return of an Arrest Warrant. (A) Execution. The arrest warrant shall be executed as provided in Rule 4(a)(3). The officer executing the warrant shall bring the arrested person promptly before the court or, for the purpose of admission to bail, before the clerk or an officer authorized to accept bail.(B) Return. The officer executing an arrest warrant shall make return thereof to the issuing court. Upon execution of an arrest warrant or surrender by a defendant, the attorney for the State shall cause any copies of the arrest warrant or any unexecuted arrest warrant issued against the defendant for the same offense, to be returned to the issuing court for cancellation. At the request of the attorney for the State made at any time while the indictment or information is pending, an arrest warrant returned unexecuted and not canceled may be delivered to an appropriate officer or other authorized person for execution.(b)Summons and Notice to Appear.(1)Issuance. The clerk shall issue a summons or a notice to appear instead of a warrant upon the request of the attorney for the State or by direction of the court. The clerk shall deliver the summons to an officer or other person authorized by law to serve it. A notice to appear may be mailed to the defendant. If a defendant fails to appear in response to a summons or a notice to appear, a warrant shall issue.(2)Form. The summons shall be in a form approved by the Superior Court, describe the offense(s) charged, and shall summon or notify the defendant to appear before the court at a stated time and place.(3)Service of a Summons or Notice to Appear.(A) Service. The summons shall be served as provided in Rule 4(b)(3). 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 known address within the State or at its principal place of business elsewhere in the United States. A notice to appear shall be served by mailing it to the defendant's last known address.(B)Return. On or before the return day the person to whom a summons or a notice to appear was delivered for service shall make return thereof. Upon service of a summons or a notice to appear or surrender by a defendant, the attorney for the State shall cause any copies of the summons or notice to appear, or any summons or notice to appear issued against the defendant for the same offense, to be returned to the issuing court for cancellation. At the request of the attorney for the State made at any time while the indictment or information is pending, or a summons or a notice to appear returned unserved or a duplicate thereof may be delivered to an appropriate officer or other authorized person for service.R.I. Super. Ct. R. Crim. P. 9
As amended by the court on 7/1/2002; last amended by Order dated June 22, 2017, effective 9/5/2017.2002 Committee Notes
Rule 9 is amended to take into account the existing Rhode Island practice following the return of an indictment or information of sometimes issuing a notice to appear instead of a warrant or a summons to bring a defendant before the court. While a summons may be served by mailing it to the defendant's last known address, see Rule 4(c)(3), service must be by an officer authorized by law to execute a warrant, see Rule 4(c)(1). The notice to appear may be mailed by the clerk's office.
1972 Notes
Subdivision (a) is similar to its federal counterpart. Since informations will not be utilized in Rhode Island this rule is limited to issuance of process where an indictment has been returned.
The authorization contained in this rule for use of a summons in lieu of a warrant upon request of the prosecuting attorney is an innovation in Rhode Island practice.
Subdivisions (b) and (c) are generally in accord with the federal rule; the commentary accompanying Rule 4 is applicable.
See also 1975 Notes to Rule 7.