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RCr 6.52 Warrant or summons upon indictment or information; issuance

Baldwin's Kentucky Revised Statutes AnnotatedRules of Criminal Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VI Indictment and Information (Refs & Annos)
Kentucky Rules of Criminal Procedure (RCr) Rule 6.52
RCr 6.52 Warrant or summons upon indictment or information; issuance
Upon the return of an indictment or the issuance of an information, the clerk shall issue a summons for each defendant named instead of a warrant unless a warrant is requested by the attorney for the Commonwealth or directed by the court. Upon request of the attorney for the Commonwealth, the clerk shall issue more than one warrant or summons for the same defendant. The clerk shall deliver the warrant or summons to a peace officer for execution or service. If a defendant fails to appear in response to the summons, a warrant shall issue.

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HISTORY: Amended by Order 2012-10, eff. 1-1-13, prior amendments eff. 3-1-99 (Order 98-3), eff. 1-1-78; adopted eff. 1-1-63

Editors' Notes

SUPREME COURT COMMENTARY
1962:
RCr 6.52 is an adaptation of Fed. Crim. Rule 9(a). It covers Cr C 140 and 141 and eliminates the need for CrC 145, 148 and 149. It broadens use of the summons, as in the general arrest provisions. It is more flexible than formerly in that the process does not issue automatically but issues on request of the prosecuting attorney, who is in a position to know what is needed, thus obviating any need for special references to “custody” or “on bail.”
This rule parallels RCr 2.10, which authorizes execution by peace officers.
The provisions as to failure to respond to summons is repeated from RCr 2.04(3) to make clear its application here.
The signed information itself satisfies the constitutional requirement of probable cause supported by oath or affirmation for issuance of a warrant in the same way that the indictment satisfies the requirement.
Rules Crim. Proc., Rule 6.52, KY ST RCRP Rule 6.52
Current with amendments received through May 1, 2020.
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