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Rule 6. Warrant of arrest or summons.

 

(a) Upon the filing of anindictment, or upon the acceptance of an informationby a judge, the court shall set the case for an initial appearance orarraignment, as appropriate.? The courtshall then issue a summons directing the defendant to appear for that hearing,except as described in subsection (c).

 

(b) The summons shall informthe defendant of the date, time and courthouse location for the initialappearance or arraignment.? The summonsmay be mailed to the defendant's last known address, or served by anyoneauthorized to serve a summons in a civil action.

 

(c) If the defendant is not acorporation, a judge may issue a warrant of arrest instead of a summons if thecourt finds from the information and any supporting statements or affidavitsthat:

 

(c)(1) The defendant?saddress is unknown or the defendant will not otherwise appear on a summons; or

 

(c)(2) thereis substantial danger of a breach of the peace, injury to persons or property,or danger to the community.

 

(d) A judge shall issue awarrant of arrest in cases where the defendant has failed to appear in responseto a summons.

 

(e) When a warrant of arrestis issued, the judge shall state on the warrant:

 

(e)(1) Whether the defendantis denied pretrial release under the authority of Utah Code ? 77-20-1, and thealleged facts supporting.

 

(e)(2) The conditions ofpretrial release the court requires of the defendant, including monetary bail.

 

(e)(3)(A) In determining theamount of monetary bail, the judge shall set the lowest amount reasonablycalculated to ensure the defendant's appearance at court.?

 

(e)(3)(B) The court shallstate whether the defendant's personal appearance is required or whether thedefendant may remit the monetary bail to satisfy any obligation to the courtpursuant to Utah Code ? 77-7-21.

 

(e)(4) The geographic areafrom which the issuing court will guarantee transport pursuant to Utah Code ?77-7-5.

 

(f) The clerk of the courtshall enter the warrant into the court information management system.

 

(g) Service, Execution andreturn of the warrant.

 

(g)(1) The warrant shall beserved by a peace officer.? The officermay execute the warrant at any place within the state.

 

(g)(2) The warrant shall beexecuted by the arrest of the defendant. The officer need not possess thewarrant at the time of the arrest.? Uponrequest, the officer shall show the warrant to the defendant as soon as practicable.If the officer does not have the warrant in possession at the time of thearrest, the officer shall inform the defendant of the offense charged and ofthe fact that the warrant has been issued.

 

(g)(3) The person executing awarrant or serving a summons shall make return thereof to the magistrate assoon as practicable.

 

(h) The court mayperiodically review unexecuted warrants to determine whether they should berecalled.

 

Effective July 1, 2016