As amended through July 24, 2024
Rule 9 - Warrant or Summons Upon Indictment or Information(a)Issuance of Summons or Warrant. Upon the return of the indictment or filing of the information, the court shall issue either a summons or a warrant for each defendant named in the indictment or information unless the defendant is already on bail or recognizance for the same offense(s). The court must issue a summons as opposed to a warrant unless the court finds that an arrest is necessary to ensure the defendant's presence in court, or that an arrest is necessary because the defendant poses a danger to a victim, other persons, or the community. No summons or warrant may issue for a defendant named in an information unless the allegations are supported by statements made under oath.(b)Form.(1)Warrant. The form of the warrant shall be as provided in Rule 4(b) (1) except that it shall be signed by the clerk, it shall describe the offense charged in the indictment or information and it shall command that the defendant be arrested and brought before the court. The amount of bail shall be fixed by the court and endorsed on the warrant.(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(c) (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, by also mailing a copy to the corporation's last known address within the state or at its principal place of business elsewhere in the United States. The officer executing the warrant shall bring the arrested person promptly before the court or, for the purpose of admission to bail, before a magistrate.(2)Return. The officer executing a warrant shall make return thereof to the court. At the request of the prosecuting attorney any unexecuted warrant shall be returned and canceled. 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 prosecuting attorney made at any time while the indictment or information is pending, a warrant returned unexecuted and not canceled or a summons returned unserved or a duplicate thereof may be delivered by the clerk to a peace officer or other person authorized for execution or service.(3)Service of Summons by Mail. In addition to other methods of service provided by this rule, summons instead of a warrant as issued under the provisions of subdivision (a) of this rule may also be served upon a defendant of known residence within the jurisdiction of the State of Alaska by registered or certified mail. In such case a copy or copies of the summons shall be mailed by the clerk to each defendant named in the indictment or the information for delivery only to each such named defendant. The returned delivery receipts shall be attached to the copies of summons retained by the clerk. If a delivery receipt is returned unsigned by the defendant named in the indictment or information to whom the summons was addressed, at the request of the prosecuting attorney made at any time while the indictment or information is pending the summons or duplicate thereof may be delivered by the clerk to a peace officer or other authorized person for service.Adopted by SCO 4 10/4/1959; amended by SCO 90 effective 7/24/1967; amended by SCO 127 effective 4/29/1971; and by SCO 1153 effective 7/15/1994; amended by SCO 1929 effective 10/15/2018.