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Rule 21. Warrant of arrest or summons in cases under UtahCode section 80-6-503.

(a) Upon the return of an indictment alleging the commission of afelony governed by Utah Code section 80-6-503,the court shall issue either a warrant for the arrest or a summons for theappearance of the minor.

(b) Upon the filing of an information alleging the commission of afelony governed by Utah Code section 80-6-503,if it appears from the information, or from any affidavit filed with theinformation, that there is probable cause to believe that an offense governedby this section has been committed and that the minor has committed it, thecourt shall issue either a warrant for the arrest or a summons for theappearance of the minor.

(c) If it appears to the court that the minor will appear on asummons and there is no substantial danger of a breach of the peace, or injuryto persons or property, or danger to the community, a summons may issue in lieuof a warrant of arrest to require the appearance of the minor. A warrant ofarrest may issue in cases where the minor has failed to appear in response to asummons or citation or thereafter when required by the court. If a warrant ofarrest is issued, the court shall state on the warrant:

(1) the nameof the law enforcement agency in the county or municipality with jurisdictionover the offense charged; and

(2) whether theminor is to be taken to court, a detention facility, or a correctional facility.

(d) The warrant shall be executed by a peace officer. The summonsmay be served by a peace officer or any person authorized to serve a summons ina civil action.

?(1) The warrant may be executed or the summonsmay be served at any place within the state.

?(2) The warrant shall be executed by thearrest of the minor. The officer need not possess the warrant at the time ofthe arrest, but upon request shall show the warrant to the minor as soon aspracticable. If the officer does not possess the warrant at the time of thearrest, the officer shall inform the minor of the offense charged and of thefact that the warrant has been issued. The summons shall be served as in civilactions, or by mailing it to the minor's last known address.

?(3) The person executing a warrant or servinga summons shall make return thereof to the juvenile court as soon aspracticable. At the request of the prosecuting attorney, any unexecuted warrantshall be returned to the court for cancellation.

Effective September 1, 2021