(a) Upon the filing of an indictment, or upon the acceptance of an information by a judge, the court must set the case for an initial appearance or arraignment, as appropriate. The court must then issue a summons directing the defendant to appear for that hearing, except as described in subsection (c).(b) The summons must inform the defendant of the date, time and courthouse location for the initial appearance or arraignment. The summons may be mailed to the defendant’s last known address, or served by anyone authorized to serve a summons in a civil action. (c)If the defendant is not a corporation, a judge may issue a warrant of arrest instead of a summons if the court finds from the information and any supporting statements or affidavits that:
(c)(1) The defendant’s address 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, injury to persons or property, or danger to the community.(d) A judge must issue a warrant of arrest in cases where the defendant has failed to appear in response to a summons.(e) Prior to issuing a warrant the judge must review the information for sufficiency. If the judge determines from the information, or from any supporting statements or affidavits, that there is probable cause to believe the offenses have been committed and that the accused committed them, the judge may issue the warrant. If the judge determines there is not probable cause the judge must notify the prosecutor. If the prosecutor does not file a sufficient information within 28 days, the judge must dismiss the case.
(e)(1) When a warrant 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 Utah Code § 77-20-1, and the alleged facts supporting. (e)(1)(B) The conditions of pretrial release the court requires of the defendant in accordance with Utah Code section 77-20-1.(e)(1)(C) As required by Utah Code section 77-20-1, if the court determines monetary bail is necessary, the judge must consider the individual’s ability to pay and set the lowest amount reasonably calculated to ensure the defendant’s appearance at court. (e)(1)(D) The court must state whether the defendant’s personal appearance is required or whether the defendant may remit monetary bail to satisfy any obligation to the court pursuant to Utah Code § 77-7-21.(e)(1)(E) The geographic area from which the issuing court will guarantee transport pursuant to Utah Code § 77-7-5.(f) The clerk of the court must enter the warrant into the court information management system.(g) Service, Execution and return of the warrant.
(g)(1) The warrant must be served by a peace officer. The officer may execute the warrant at any place within the state. (g)(2) The warrant must be executed by the arrest of the defendant. The officer need not possess the warrant at the time of the arrest. Upon request, the officer must show the warrant to the defendant as soon as practicable. If the officer does not have the warrant in possession at the time of the arrest, the officer must inform the defendant of the offense charged and of the fact that the warrant has been issued.(g)(3) The person executing a warrant or serving a summons must make return thereof to the magistrate as soon as practicable.(h) The court may periodically review unexecuted warrants to determine whether they should be recalled.
Utah. R. Crim. P. 6
Amended effective July 1, 2016; amended effective May 1, 2020; amended effective October 1, 2020.
