Rule 4. Warrant or Summons Upon Complaint

(a) Issuance.

(1) Probable Cause. A warrant or summons shall be

issued by a judge or magistrate judge only if it appears from

the complaint, or from an affidavit or affidavits filed with the

complaint, that there is probable cause to believe that an

offense has been committed and that the defendant has

committed it.

(2) Summons or Warrant. The court must issue a

summons as opposed to a warrant unless the judge or

magistrate judge finds that an arrest is necessary to ensure the

defendant’s presence in court, or that an arrest is necessary

because the defendant poses a danger to a victim, other

persons, or the community.

(3) Failure of Defendant to Appear After Summons. If a

defendant who has been duly summoned fails to appear or if

there is reasonable cause to believe that the defendant will fail

to appear, a warrant of arrest shall issue; provided that in the

case of a defendant charged with a minor offense as defined in

Minor Offense Rule 2, additional summons may issue in lieu

of a warrant of arrest. If a defendant corporation fails to appear

after having been duly summoned, a plea of not guilty shall be

entered by the court if the court is empowered to try the

offense for which the summons was issued and the court may

proceed to trial and judgment without further process. If the

court is not so empowered it shall proceed as though the

defendant has appeared.

(4) Additional Warrants or Summonses. More than one

warrant or summons may issue on the same complaint.

plea of not guilty shall be

entered by the court if the court is empowered to try the

offense for which the summons was issued and the court may

proceed to trial and judgment without further process. If the

court is not so empowered it shall proceed as though the

defendant has appeared.

(4) Additional Warrants or Summonses. More than one

warrant or summons may issue on the same complaint.

(b) Form and Contents.

(1) Warrant. The warrant shall be signed by the judge or

magistrate judge, or by a clerk directed to do so on the record.

The warrant shall contain 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 shall describe the offense charged in the

complaint. The warrant shall be directed to any peace officer

or other person authorized by law to execute the warrant and

shall command that the defendant be arrested and brought

before the nearest available judge or magistrate judge without

unnecessary delay. The judge or magistrate judge shall endorse

the amount of bail upon the warrant.

(2) Summons. The summons shall be signed by the judge

or magistrate judge or by a clerk directed to do so on the

record. The summons shall be in the same form as the warrant,

except that it shall summon the defendant to appear before a

judge or magistrate judge at the time and place stated therein,

and shall inform the defendant that if the defendant fails to

appear a warrant will issue for the defendant’s arrest.

shall be signed by the judge

or magistrate judge or by a clerk directed to do so on the

record. The summons shall be in the same form as the warrant,

except that it shall summon the defendant to appear before a

judge or magistrate judge at the time and place stated therein,

and shall inform the defendant that if the defendant fails to

appear a warrant will issue for the defendant’s arrest.

(c) Execution or Service and Return.

(1) By Whom. The warrant shall be executed by any

peace officer or other officer authorized by law. The summons

may be served by any peace officer or by any other person

authorized to serve a summons in a civil action.

(2) Territorial Limits. The warrant may be executed or

the summons may be served at any place within the

jurisdiction of the State of Alaska.

(3) Manner. The warrant shall be executed by the arrest

of the defendant. The officer need not possess the warrant at

the time of the arrest, but upon request shall show the warrant

to the defendant as soon as possible. If the officer does not

possess the warrant at the time of the arrest, the officer shall

then inform the defendant of the offense charged and of the

fact that a warrant has been issued. The summons shall be

served upon the defendant by delivering a copy to the

defendant personally, or by leaving it at the defendant’s

dwelling house or usual place of abode with some person of

suitable age and discretion then residing therein or in any other

manner provided for service of process in civil actions.

fendant of the offense charged and of the

fact that a warrant has been issued. The summons shall be

served upon the defendant by delivering a copy to the

defendant personally, or by leaving it at the defendant’s

dwelling house or usual place of abode with some person of

suitable age and discretion then residing therein or in any other

manner provided for service of process in civil actions.

(4) Return. The officer executing the warrant shall make

return thereof to the judge or magistrate judge before whom

the defendant is brought pursuant to Rule 5. At the request of

the prosecuting attorney any unexecuted warrant shall be

returned to the judge or magistrate judge by whom it was

issued and shall be canceled by the judge or magistrate judge.

On or before the return day, the person who served the

summons shall make return thereof to the judge or magistrate

judge before whom the summons is returnable. At any time

while the complaint is pending and upon the request of the

prosecuting attorney, any unexecuted and uncancelled warrant

or unserved original or duplicate summons shall be re-executed

or re-served.

Note: Administrative Bulletin 80 on Warrants standardizes

procedures for issuing, recalling, and returning warrants. These

procedures apply to warrants issued in all case types (criminal,

minor offense, delinquency, and civil.)