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Rule 6. Warrant ofarrest or summons.

 

(a) Upon the filing ofan indictment, or upon the acceptance of an information by a judge,the court shall set the case for an initial appearance or arraignment, as appropriate.  Thecourt shall then issue a summons directing the defendant to appear for thathearing, except as described in subsection (c).

 

(b) The summons shallinform the defendant of the date, time and courthouse location for the initialappearance 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 isnot a corporation, a judge may issue a warrant of arrest instead of a summonsif the court finds from the information and any supporting statements oraffidavits that:

 

(c)(1) The defendant?saddress is unknown or the defendant will not otherwise appear on a summons; 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 shall issuea warrant of arrest in cases where the defendant has failed to appear inresponse to a summons.

 

(e) When a warrant ofarrest is issued, the judge shall state on the warrant:

 

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

 

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

 

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

 

(e)(3)(B) The courtshall state whether the defendant's personal appearance is required or whetherthe defendant may remit the monetary bail to satisfy any obligation to thecourt pursuant to Utah Code ? 77-7-21.

 

(e)(4) The geographicarea from which the issuing court will guarantee transport pursuant to UtahCode ? 77-7-5.

 

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

 

(g) Service, Executionand return of the warrant.

 

(g)(1) The warrant shallbe served by a peace officer.  The officer may execute the warrant atany place within the state.

 

(g)(2) The warrant shallbe executed by the arrest of the defendant. The officer need not possess thewarrant at the time of the arrest.  Upon request, the officer shallshow 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 shallinform 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 shall make return thereof to themagistrate as soon as practicable.

 

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

 

Effective July 1, 2016