Supreme Court Rules
Rule 21 - Rules of Criminal Procedure - Procedure Applicable to Misdemeanors Only
Publication / Adopted Date:
June 13, 1979
Misdemeanors - Summons and Warrant of Arrest - Service and Return
Revised / Effective Date:
January 1, 2003
21.08. Misdemeanors - Summons and Warrant of Arrest - Service and Return
A summons may be served by:
) The clerk mailing it to defendant's last known address by first class mail; or
) An officer in the manner provided in
If the defendant fails to appear in response to a summons and upon a finding of probable cause that the defendant has committed a misdemeanor, the court may issue an arrest warrant.
A warrant may be executed anywhere in the state by any peace officer. The peace officer need not possess the warrant at the time of the arrest, but upon request the officer shall show the warrant to the defendant as soon as possible.
If the peace officer does not possess the warrant at the time of the arrest, the officer shall inform the defendant of the misdemeanor charged and the fact that a warrant has been issued.
(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended March 17, 1982, eff. Jan. 1, 1983; Jan. 28, 2002, eff. Jan. 1, 2003.)
COMMITTEE NOTE - 1979
The first two sentences are substantially the same as the last two sentences of prior Rule 21.05.
The remainder of the rule is substantially the same as prior Rule 21.09.
Compare: Fed.R.Crim.P. 4(d)(3).