Rule 4. Warrant or summons upon complaint

(a) Issuance. 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 person charged has committed it, a warrant to take into custody the person charged may

issue to any officer authorized by law to execute same. If a warrant is not issued, upon

receipt of the original complaint, this Court may issue a summons instead of a warrant. If a

person charged fails to appear in response to the summons, or there is a reasonable cause to

believe the person will not appear, a warrant may issue. In any case in which it is lawful for

an officer to take into custody without a warrant a person charged, the officer may issue a

summons instead of taking the person charged into custody.

(b) Form.

(1) Warrant. The warrant shall be signed by the committing magistrate; it shall contain the

name of the person charged and a description (age, race, sex, date of birth, color of hair

and eyes, height and weight and present or last known address) and, if the person’s name

or full description is unknown, any name or description by which that person can be

identified with reasonable certainty. It shall describe the offense charged in the complaint

but need not set out all the elements of the offense. It shall command that the person

charged be taken into custody and brought before the nearest available Justice of the

Peace of the county in which the offense is alleged to have been committed, unless the

warrant is signed by a person other than a Justice of the Peace, in which case the warrant

may command that the person charged be taken into custody and brought before the

committing magistrate or court out of which the warrant was issued. A copy of the

complaint shall be attached to the warrant.

ce of the

Peace of the county in which the offense is alleged to have been committed, unless the

warrant is signed by a person other than a Justice of the Peace, in which case the warrant

may command that the person charged be taken into custody and brought before the

committing magistrate or court out of which the warrant was issued. A copy of the

complaint shall be attached to the warrant.

(2) Summons. The summons shall be in the same form as the warrant except that it shall

summon the person charged to appear before the Court at a stated time and place. A copy

of the complaint shall be attached to the summons.

(c) Execution or service and return.

(1) By whom. The warrant shall be executed by any officer authorized by law. The summons

may be served by any 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 Delaware.

(3) Manner. The warrant shall be executed by the taking into custody the person charged.

The officer need not have the warrant in possession at the time of the apprehension, but,

upon request, shall show the warrant to the person charged as soon as possible. If the

officer does not have the warrant in possession at the time of apprehension, the officer

shall then inform the person charged of the offense charged and of the fact that a warrant

has been issued. The summons shall be served upon a person charged by delivering a

copy to the person charged personally, or by leaving it at the person’s dwelling house or

usual place of abode with some person of suitable age and discretion then residing therein

or by mailing it to the last known address of the person charged.

son charged of the offense charged and of the fact that a warrant

has been issued. The summons shall be served upon a person charged by delivering a

copy to the person charged personally, or by leaving it at the person’s dwelling house or

usual place of abode with some person of suitable age and discretion then residing therein

or by mailing it to the last known address of the person charged.

(4) Return. The officer executing the warrant shall make return thereof to the committing

magistrate before whom the person charged is brought. At the request of the Court or

Attorney General any unexecuted warrant shall be returned to and may be cancelled by

the judge or other person by whom it was issued. On or before the return day the person

to whom a summons was delivered for service shall make return thereof to the judge,

master or other person before whom the summons is returnable.

(d) Defective complaint, warrant or summons.

(1) Amendment. No person taken into custody under a warrant or appearing in response to a

summons shall be discharged from custody or dismissed because of any formal defect in

the complaint, warrant or summons, which may be amended so as to remedy any such

formal defect.

(2) Issuance of new warrant or summons. If it appears that the complaint, warrant or

summons does not properly name or describe the person charged, or the offense charged,

or that although not guilty of the offense specified in such complaint, warrant or

summons there is reasonable ground to believe that the person is guilty of some other

offense, the committing magistrate shall not discharge or dismiss such person charged but

shall forthwith cause a new complaint to be filed and shall thereupon issue a new warrant

or summons.