Rule 4B. Case Commenced by Citation

(a)  If a case commences with the filing of a citation pursuant to 77-7-18, the following procedures apply.

(b)  If the citation did not specify a time certain for the defendant to appear, the court may schedule a time to appear before the court and provide notice to the defendant by mail, or other means of contact provided with the citation.

(c)  If the defendant timely appears, the court shall proceed under Rule 7.

(d)  If the defendant fails to timely appear, as required by the court or the terms of the citation, the court may issue a bench warrant for the defendant's arrest. 

(e)  If the defendant fails to appear upon a citation, the court may instruct the prosecutor to file an information that complies with rule 4. Such information need not contain the statement described in Rule 4(c).  It shall however, include the Citation number originally issued to the defendant.


Effective May 1, 2017