Rule 9. Warrant or summons upon information
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Delaware Court Rules › Court of Common Pleas › Court of Common Pleas Criminal Rules › Del. Com. Pl. Ct. Crim. R. 9
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(a) Issuance. Upon the request of the Attorney General the Court shall issue a warrant for each defendant
named in the information, if it is supported by oath. The Clerk of the Court shall issue a summons instead
of a warrant upon the request of the Attorney General or by direction of the Court. Upon like request or
direction the Clerk shall issue more than one warrant or summons for the same defendant. The Clerk shall
deliver the warrant or summons to the sheriff or other person authorized by law to execute or serve it. If a
defendant fails to appear in response to the summons, a warrant shall issue.
(b) Form.
(1) Warrant. The form of the warrant shall be as provided in Rule 4(c)(1) except that it shall be
signed by the Clerk of the Court, it shall describe the offense charged in the information and it shall
command that the defendant be arrested and brought before the Court. The amount of bail may be
fixed by the Court.
(2) Summons. The summons shall be in the same form as the warrant except that it shall summon the
defendant to appear before the Court at a stated time and place.
(c) Execution or service; and return.
(1) Execution or service. The warrant shall be executed or the summons served as provided in Rule
4(d)(1), (2) and (3). A summons to a corporation shall be served by delivering a copy to an officer, or
to a managing, or general agent, or to any other agent authorized by appointment or by law to receive
service of process and, if the agent is one authorized by statute to receive service and the statute so
requires, by also mailing a copy to the corporation’s last known address within the State or to its
principal place of business elsewhere in the United States
vering a copy to an officer, or
to a managing, or general agent, or to any other agent authorized by appointment or by law to receive
service of process and, if the agent is one authorized by statute to receive service and the statute so
requires, by also mailing a copy to the corporation’s last known address within the State or to its
principal place of business elsewhere in the United States. An officer executing the warrant shall
bring the arrested person without unreasonable delay before the nearest available committing
magistrate of the county in which the offense is alleged to have been committed or such other
committing magistrate as provided by the warrant or by statute, court rule or administrative order.
When a defendant arrested with a warrant issued pursuant to this rule is brought before a committing
magistrate, the committing magistrate shall hold the defendant to answer in the Court of Common
Pleas. Bail shall be fixed as endorsed on the warrant or, in the absence thereof, as the committing
magistrate deems appropriate under the circumstances. When a defendant appears in the Court of
Common Pleas pursuant to a summons, the court shall set bail. If the defendant was previously
charged with the same offense or with a different offense based on the same act or transaction, and
the charge or charges were dismissed by the committing magistrate or by the attorney general, the
court may reinstate bail previously posted by a professional or corporate surety. When the court
orders bail reinstated, the surety shall be subject to the obligation of the bond previously executed.
The clerk shall serve a notice of the reinstatement by mail upon the surety. Lack of notice shall not
affect the obligation which shall continue until the condition of the bond has been satisfied or the
court grants the surety’s application to withdraw.
al or corporate surety. When the court
orders bail reinstated, the surety shall be subject to the obligation of the bond previously executed.
The clerk shall serve a notice of the reinstatement by mail upon the surety. Lack of notice shall not
affect the obligation which shall continue until the condition of the bond has been satisfied or the
court grants the surety’s application to withdraw.
(2) Return. The officer executing a warrant shall make return thereof to the court before whom the
defendant is brought. At the request of the attorney general, any unexecuted warrant shall be returned
and cancelled. On or before the return day the person to whom a summons was delivered for service
shall make return thereof. At the request of the attorney general made at any time when the
information is pending, a warrant returned unexecuted and not cancelled, or a summons returned
unserved, a duplicate thereof may be delivered by the clerk to the sheriff or other authorized person
for execution or service.
III. Arraignment and Preparation for Trial
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.