Supreme Court Rules - Rule 22 - Rules of Criminal Procedure - Procedure Applicable to Felonies Only: Felonies - Initial Appearance Under Warrant Before the Court

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Supreme Court Rules

		Section/Rule:	22.07
Subject:	Rule 22 - Rules of Criminal Procedure - Procedure Applicable to Felonies Only	Publication / Adopted Date:	June 13, 1979
Topic:	Felonies - Initial Appearance Under Warrant Before the Court	Revised / Effective Date:	January 1, 2020

22.07. Felonies - Initial Appearance Under Warrant Before the Court

A defendant arrested and confined under the initial warrant for any felony offense issued pursuant to Rule 22.04 or Rule 22.06 shall be brought forthwith for an appearance, as set forth in Rule 22.08, in person or by interactive video technology, before a judge of the court from which the warrant was issued. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.

The warrant, with proper return thereon, shall be filed with the court forthwith

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Nov. 21, 1979, eff. Jan. 1, 1980; Jan. 28, 2002, eff. Jan. 1, 2003; Dec. 18, 2018, eff. July 1, 2019; Jun. 30, 2019, eff. Jan. 1, 2020.)

Committee Note - 1979

Paragraph (a) is substantially the same as prior Rule

21.11

Compare: Fed.R.Crim.P. 5(a).

The sources of paragraph (b) are prior

Rule 23.03

and Fed.R.Crim.P. 5(c).

See

Rule 31.02

for a more detailed statement of when counsel will be appointed for a defendant.

The sources of paragraph (c) are prior

Rule 23.08

and prior

Rule 23.11

The period in which the papers are to be transmitted to the judge who will try the case has been changed from ten days to five days.

Compare: Fed.R.Crim.P. 5(c) and 5.1.

Paragraph (d) is new.

Paragraph (e) is substantially the same as the last sentence of prior

Rule 23.02