(a)Form.(1) Capias. The form of the capias must be the same as that provided for a warrant except that it must be signed by the clerk and must state that an indictment or information has been filed against the accused.(2) Summons. The summons must be in the same form as the capias except that it must summons the accused to appear before the court at a stated time and place.(b)Execution and Return.(1) Execution. The capias must be executed as provided in Rule 3A:4(c).(2) Return. The officer executing a capias or summons must endorse the date of execution thereon and make return thereof to the court that issued the capias or summons. At the request of the Commonwealth’s attorney made at any time while the indictment or information is pending, a capias returned unexecuted and not cancelled or a summons returned unexecuted or a duplicate thereof may be delivered by the clerk to any authorized person for execution.
Va. Sup. Ct. 3A:7
Amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.
