As amended through September 26, 2024
Rule 7C:3 - The Complaint, Warrant, Summons and Capias(a) The complaint consists of sworn statements of a person or persons of facts relating to the commission of an alleged offense. The statements must be made upon oath before a judicial officer empowered to issue arrest warrants. The judicial officer may require the sworn statements to be reduced to writing if the complainant is not a law- enforcement officer.(b) More than one warrant, summons or capias may issue on the same complaint. A warrant may be issued by a judicial officer if the accused fails to appear in response to a summons.(c) A separate warrant, summons or capias must be issued for each charge, except as provided in §§ 33.2-503, 46.2-819.1, 46.2-819.3, and 46.2-819.3:1.(d) A summons, whether issued by a judicial officer or a law-enforcement officer, must command the accused to appear at a stated time and place before a court of appropriate jurisdiction. It must (i) state the name of the accused or, if this name is unknown, set forth a description by which he can be identified with reasonable certainty, (ii) describe the offense charged and state whether the offense is a violation of state, county, city or town law, and (iii) be signed by the magistrate or the law-enforcement officer, as the case may be.(e) If the warrant has been issued but the officer does not have the warrant in his possession at the time of the arrest, he must (i) inform the accused of the offense charged and that a warrant has been issued, and (ii) deliver a copy of the warrant to the accused as soon thereafter as practicable.Amended by order dated December 22, 2011, effective 3/1/2012; amended by order dated September 30, 2016, effective immediately; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021.