Rule 3A:7. Capias or Summons Upon Indictment or Information

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Rules of the Supreme Court of Virginia › Criminal Practice And Procedure › Part 3A - Criminal Practice And Procedure › Va. Sup. Ct. R. 3A:7

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

(a) Form. —

(1) Capias. The form of the capias must be the same as that provided for a warrant

except that it must be signed by the clerk and must state that an indictment or information

has been filed against the accused.

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

must summons the accused to appear before the court at a stated time and place.

(b) Execution and Return. —

(1) Execution. The capias must be executed as provided in Rule 3A:4(c).

(2) Return. The officer executing a capias or summons must endorse the date of

execution thereon and make return thereof to the court that issued the capias or summons.

At the request of the Commonwealth's attorney made at any time while the indictment or

information is pending, a capias returned unexecuted and not cancelled or a summons

returned unexecuted or a duplicate thereof may be delivered by the clerk to any

authorized person for execution.

PART THREE A

CRIMINAL PRACTICE AND PROCEDURE

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.

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