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RCr 6.54 Warrant or summons; requisites

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 6.54
RCr 6.54 Warrant or summons; requisites
(1) The requisites of a warrant on an indictment or information shall be the same as for a warrant issued on a complaint except that it shall be signed by the clerk, it shall name or describe the offense charged in the indictment or information, and it shall command that the defendant be arrested and brought before the court. If the offense is bailable the court shall fix the amount of bail and endorse it on the warrant.
(2) 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.

Credits

HISTORY: Amended eff. 1-1-78; prior amendment eff. 1-1-64; adopted eff. 1-1-63

Editors' Notes

SUPREME COURT COMMENTARY
1962:
RCr 6.54 is an adaptation of Fed. Rule 9(b) covering the material in CrC 142, 143 and 146. It reaffirms the principle adopted earlier that the fixing of bail is a judicial function, while the taking is an administrative one, and puts the latter in the hands of the clerk, not the arresting officer.
Although RCr 2.06 on arrest covers this matter a new subsection (2) is necessary here to require appearance before “the court” instead of “the magistrate issuing it” as is required in RCr 2.06(2).
Rules Crim. Proc., Rule 6.54, KY ST RCRP Rule 6.54
Current with amendments received through May 1, 2020.
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