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Supreme Court Rules

Section/Rule:21.08
Subject: Rule 21 - Rules of Criminal Procedure - Procedure Applicable to Misdemeanors Only Publication / Adopted Date:June 13, 1979
Topic:Misdemeanors - Summons and Warrant of Arrest - Service and ReturnRevised / Effective Date:January 1, 2003


21.08. Misdemeanors - Summons and Warrant of Arrest - Service and Return

A summons may be served by:

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