# CrR 2.2: Rule 2.2. Warrant of Arrest and Summons

> Washington · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R2_2

## Section

- **Citation:** CrR 2.2
- **Heading:** Rule 2.2. Warrant of Arrest and Summons
- **Jurisdiction:** Washington
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Court Rules / Rules for Superior Court / Superior Court Criminal Rules / CrR 2.2

## Text

CrR 2.2
WARRANT OF ARREST AND SUMMONS

(a) Warrant of Arrest.

(1) Generally. If an indictment is found or an information is filed, the court may direct the
clerk to issue a warrant for the arrest of the defendant.

(2) Probable Cause. Before ruling on a request for a warrant the court may require the
complainant to appear personally and may examine under oath the complainant and any
witnesses the complainant may produce. A warrant of arrest may not issue unless the court
determines that there is probable cause to believe that the defendant committed the offense
charged. The court shall determine probable cause based on an affidavit, a statement as provided
in GR 13, or sworn testimony establishing the grounds for issuing the warrant. Sworn testimony
shall be recorded electronically, stenographically, or through any other reliable means. The
evidence shall be preserved and shall be subject to constitutional limitations for probable cause
determinations and may be hearsay in whole or in part.

(3) Ascertaining Defendant’s Current Address.

(i) Search for address. The court shall not issue a warrant unless it determines that the
complainant has attempted to ascertain the defendant’s current address by searching the
following: (A) the District Court Information System database (DISCIS), (B) the driver’s license
and identicard database maintained by the Department of Licenses; and (C) the database
maintained by the Department of Corrections listing persons incarcerated and under supervision.
The court in its discretion may require that other databases be searched.

(ii) Exemptions from Address Search. The search required by subdivision (i) shall not be
required if (A) the defendant has already appeared in court after filing of the same case, (B) the
defendant is known to be in custody, or (C) the defendant’s name is unknown.
ns listing persons incarcerated and under supervision.
The court in its discretion may require that other databases be searched.

(ii) Exemptions from Address Search. The search required by subdivision (i) shall not be
required if (A) the defendant has already appeared in court after filing of the same case, (B) the
defendant is known to be in custody, or (C) the defendant’s name is unknown.

(iii) Effect of Erroneous Issuance. If a warrant is erroneously issued in violation of this
subsection (a)(3), that error shall not affect the validity of the warrant.

(b) Issuance of Summons in Lieu of Warrant.

(1) Generally. If an indictment is found or an information is filed, the court may direct the
clerk to issue a summons commanding the defendant to appear before the court at a specified
time and place.

(2) When Summons Must Issue. The court shall direct the clerk to issue a summons instead
of a warrant unless it finds reasonable cause to believe that the defendant (i) will not appear in
response to a summons, (ii) will commit a violent offense, (iii) will interfere with witnesses or
the administration of justice, or (iv) is in custody.

(3) Summons. A summons shall be in writing and in the name of the State of Washington,
shall be signed by the clerk with the title of the office, and shall state the date when issued and
the county where issued. It shall state the name of the defendant and shall summon the defendant
to appear before the court at a stated time and place.

(4) Failure To Appear on Summons. If a person fails to appear in response to a summons,
or if service is not effected within a reasonable time, a warrant for arrest may issue.
the title of the office, and shall state the date when issued and
the county where issued. It shall state the name of the defendant and shall summon the defendant
to appear before the court at a stated time and place.

(4) Failure To Appear on Summons. If a person fails to appear in response to a summons,
or if service is not effected within a reasonable time, a warrant for arrest may issue.

(c) Requisites of a Warrant. The warrant shall be in writing and in the name of the State
of Washington, shall be signed by the clerk with the title of the office, and shall state the date
when issued and the county where issued. It shall 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. The warrant shall specify the offense charged against the defendant
and that the court has found that probable cause exists to believe the defendant has committed
the offense charged and shall command that the defendant be arrested and brought forthwith
before the court issuing the warrant. If the offense is bailable, the judge shall set forth in the
order for the warrant, bail, or other conditions of release.

(d) Execution; Service.

(1) Execution of Warrant. The warrant shall be directed to all peace officers in the state
and shall be executed only by a peace officer.

(2) Service of Summons. The summons may be served any place within the state. It shall
be served by a peace officer who shall deliver a copy of the same to the defendant personally, or
it may be served by mailing the same, postage prepaid, to the defendant at the defendant's
address.
warrant shall be directed to all peace officers in the state
and shall be executed only by a peace officer.

(2) Service of Summons. The summons may be served any place within the state. It shall
be served by a peace officer who shall deliver a copy of the same to the defendant personally, or
it may be served by mailing the same, postage prepaid, to the defendant at the defendant's
address.

(e) Return. The officer executing a warrant shall make return to the court before whom
the defendant is brought pursuant to these rules. At the request of the prosecuting attorney any
unexecuted warrant shall be returned to the issuing court to be canceled. The person to whom a
summons has been delivered for service shall, on or before the return date, file a return with the
court before which the summons is returnable. For reasonable cause, the court may order that the
warrant be returned to it.

(f) Defective Warrant or Summons.

(1) Amendment. No person arrested under a warrant or appearing in response to a
summons shall be discharged from custody or dismissed because of any irregularity in the
warrant or summons, but the warrant or summons may be amended so as to remedy any such
irregularity.

(2) Issuance of New Warrant or Summons. If during the preliminary examination of any
person arrested under a warrant or appearing in response to a summons, it appears that the
warrant or summons does not properly name or describe the defendant or the offense with which
the defendant is charged, or that although not guilty of the offense specified in the warrant or
summons, there is reasonable ground to believe that the defendant is guilty of some other
offense, the judge shall not discharge or dismiss the defendant but may allow a new indictment
or information to be filed and shall thereupon issue a new warrant or summons.
efendant or the offense with which
the defendant is charged, or that although not guilty of the offense specified in the warrant or
summons, there is reasonable ground to believe that the defendant is guilty of some other
offense, the judge shall not discharge or dismiss the defendant but may allow a new indictment
or information to be filed and shall thereupon issue a new warrant or summons.

(g) Failure to Issue Warrant--Dismissal. Upon five days’ notice to the prosecuting
attorney, the court shall dismiss a charge without prejudice if (i) 90 days have elapsed since the
indictment or information was filed and (ii) on the date that the order of dismissal is entered, no
warrant has been issued and the defendant has not appeared in court.

Comment

Supersedes RCW 10.31.010, .020.

## Nearby sections

- [CrR 1.1 Rule 1.1. Scope](https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R1_1.md)
- [CrR 1.2 Rule 1.2. Purpose and Construction](https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R1_2.md)
- [CrR 1.3 Rule 1.3. Effect](https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R1_3.md)
- [CrR 1.4 Rule 1.4. Prosecuting Attorney Definition](https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R1_4.md)
- [CrR 1.5 Rule 1.5. Style and Form](https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R1_5.md)
- [CrR 2.1 Rule 2.1. The Indictment and the Information](https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R2_1.md)
- [CrR 2.2 Rule 2.2. Warrant of Arrest and Summons](https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R2_2.md)
- [CrR 2.3 Rule 2.3. Search and Seizure](https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R2_3.md)
- [CrR 3.1 Rule 3.1. Right to and Assignment of Lawyer](https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R3_1.md)
- [CrR 3.1 Stds Rule 3.1 Stds. Standards for Indigent Defense](https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R3_1_Stds.md)
- [CrR 3.2 Rule 3.2. Release of Accused](https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R3_2.md)
- [CrR 3.2.1 Rule 3.2.1. Procedure Following Warrantless Arrest - Preliminary Appearance](https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R3_2_1.md)
- [CrR 3.2A Rule 3.2A. Repealed](https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R3_2A.md)
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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_WA_CrR_R2_2. Check the current official text before relying on it. Not legal advice.
