Rule 3.2 Contents of Arrest Warrant or Summons; Execution, Return
Part 3: Arrest Warrant or Summons upon Commencement of Criminal Proceedings
Rule Text
(a) Arrest Warrant. An arrest warrant issued upon a charging affidavit shall be signed by the issuing judge. The arrest warrant shall:
(1) contain the complete name of the defendant, or if the name is unknown, any name or description by which the defendant can be identified with reasonable certainty;
(2) contain the location of the defendant, if known;
(3) state the offense with which the defendant is charged; and
(4) command that the defendant be arrested and brought before the issuing judge, or, if the issuing judge is unavailable, before the nearest or most accessible judge having jurisdiction. If the defendant is bailable as a matter of right, the arrest warrant may state that the defendant shall be released on his personal recognizance, subject to the mandatory conditions of release in Rule 8.4(a), and directed to appear at a specified time and place, or be released via an appearance bond or a secured appearance bond in an amount predetermined by the court.
(b) Summons. The summons shall be in the same form as the arrest warrant, except that it shall summon the defendant to appear at a stated time and place within a reasonable time from the date of issuance.
(c) Execution of Arrest Warrant, Return.
(1) By Whom. The arrest warrant shall be directed to and may be executed by any officer authorized by law within the State of Mississippi.
(2) Manner of Execution. An arrest warrant shall be executed by arrest of the defendant.
(3) Return. After execution, the officer returning an arrest warrant shall write thereon the manner and date of execution, shall print and sign the officer’s name and state the officer’s badge number, and shall promptly return the arrest warrant to the clerk of the court specified in the arrest warrant.
(d) Service of Summons. The summons may be served by personally delivering a copy of the summons to the defendant by any officer authorized by law to execute arrest warrants or by delivering a copy of the summons by U.S. mail, addressed to the defendant at the defendant’s usual residence, business or post office address. The officer serving the summons shall make return of the summons in the same manner as provided in Rule 3.2(c)(3) for making return of an arrest warrant.
(e) Defective Arrest Warrant. An arrest warrant shall not be invalidated nor shall any person in custody thereon be discharged because of a defect in form. The arrest warrant may be amended by the court to remedy such defect.