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Rule 6. Warrant of arrest or summons.

 

(a)Upon the filing of an indictment, or upon the acceptance of aninformation by a judge, the court must set the case for an initialappearance or arraignment, as appropriate. The court must then issue a summonsdirecting the defendant to appear for that hearing, except as described insubsection (c).

 

(b)The summons must inform the defendant of the date, time and courthouse locationfor the initial appearance or arraignment. The summons may be mailed to thedefendant's last known address, or served by anyone authorized to serve asummons in a civil action.

 

(c)If the defendant is not a corporation, a judge may issue a warrant of arrestinstead of a summons if the court finds from the information and any supportingstatements or affidavits that:

 

(c)(1) Thedefendant?s address is unknown or the defendant will not otherwise appear on asummons; or

 

(c)(2) there is substantial danger of a breach of the peace, injuryto persons or property, or danger to the community.

 

(d)A judge may issue a warrant of arrest in cases where the defendant has failedto appear in response to a summons.

 

(e)Prior to issuing a warrant the judge must review the information forsufficiency. If the judge determines from the information, or from anysupporting statements or affidavits, that there is probable cause to believethe offenses have been committed and that the accused committed them, the judgemay issue the warrant. If the judge determines there is not probable cause thejudge must notify the prosecutor. If the prosecutor does not file a sufficient information within 28 days, the judge mustdismiss the case.

 

(e)(1) When awarrant of arrest is issued, the judge must state on the warrant:

 

(e)(1)(A)Whether the defendant is denied pretrial release under the authority of UtahCode ? 77-20-1, and the alleged facts supporting.

 

(e)(1)(B) Theconditions of pretrial release the court requires of the defendant inaccordance with Utah Code section 77-20-1.

 

(e)(1)(C) Asrequired by Utah Code section 77-20-1, if the court determinesmonetarybail is necessary, the judge must consider the individual?s ability to pay and setthe lowest amount reasonably calculated to ensure the defendant's appearance atcourt.

 

(e)(1)(D) Thecourt must state whether the defendant's personal appearance is required orwhether the defendant may remit monetary bail to satisfy any obligation to thecourt pursuant to Utah Code ? 77-7-21.

 

(e)(1)(E) Thegeographic area from which the issuing court will guarantee transport pursuantto Utah Code ? 77-7-5.

 

(f)The clerk of the court must enter the warrant into the court informationmanagement system.

 

(g)Service, Execution and return of thewarrant.

 

(g)(1) Thewarrant must be served by a peace officer. The officer may execute the warrantat any place within the state.

 

(g)(2) Thewarrant must be executed by the arrest of the defendant. The officer need notpossess the warrant at the time of the arrest. Upon request, the officer mustshow the warrant to the defendant as soon as practicable. If the officer doesnot have the warrant in possession at the time of the arrest, the officer mustinform the defendant of the offense charged and of the fact that the warranthas been issued.

 

(g)(3) The personexecuting a warrant or serving a summons must make return thereof to themagistrate as soon as practicable.

 

(h)The court may periodically review unexecuted warrants to determine whether theyshould be recalled.

 

EffectiveOctober 1, 2020