Rule RCr 2.06 – Warrant or summons; requisites

May 13, 2021 | Criminal Procedure, Kentucky

(1) A warrant of arrest shall be in writing and in the name of the Commonwealth, shall be signed by the issuing officer with the title of the office and shall state the date when issued and the court to which it is returnable. It shall name or describe the offenses charged to have been committed and the county in which they are alleged to have occurred, specify the name of the defendant, or, if the defendant’s name is unknown, any name or description by which the defendant can be identified with reasonable certainty, and the name of the complaining party or parties. The warrant shall be directed to all peace officers in the Commonwealth and shall direct that the defendant be arrested and brought before the court to which it is returnable.
(2) A summons shall be in the same form as a warrant except that it shall summon the defendant to appear at a stated time and place before the court to which it is returnable.
(3) If the offense charged is bailable, the judge issuing a warrant of arrest shall fix the amount of bail and type of security, if any, and endorse it on the warrant.
(4) A copy of the warrant and of the complaint pursuant to which it is issued shall be served on the arrested party at the time of the arrest or as soon thereafter as practicable.

Ky. R. Crim. P. RCr 2.06

Amended by Order 98-3, eff. 3-1-99; prior amendments eff. 9-1-81 (Order 81-5), 1-1-78, 1-1-64; adopted eff. 1-1-63