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In re Arkansas Supreme Court Committee On Criminal Practice

Supreme Court of Arkansas

July 2, 2015

IN RE ARKANSAS SUPREME COURT COMMITTEE ON CRIMINAL PRACTICE-ARKANSAS RULES OF CRIMINAL PROCEDURE 7.3 & 13.4, AND ADMINISTRATIVE ORDERS NUMBERS 2 AND 18

PER CURIAM

The Arkansas Supreme Court Committee on Criminal Practice proposed revisions to the rules governing arrest warrants and search warrants to provide for their filing in a new warrant docket. To implement this proposal, amendments were recommended to Ark. R. Crim. P. 7.3 and 13.4 and Administrative Orders Numbers 2 and 18. The proposal was published for comment. See In re Committee on Criminal Practice–Arkansas Rules of Criminal Procedure 7.3, 13.4, and Administrative Orders No. 2 and 18, 2014 Ark. 275 (per curiam).

On the advice of the committee, we added a sentence to Rules 7.3 and 13.4 from the version published for comment.[1] Today, we adopt the amendments to Rules 7.3 and 13.4 and Administrative Orders Number 2 and 18(1), as set out below, and republish the rules. The amendments are effective September 1, 2015.

We thank the members of the Criminal Practice Committee for their work on this project.

Arkansas Rules of Criminal Procedure

Rule 7.3. Return of warrant and summons; execution after return.

(a)The law enforcement officer executing a warrant shall make return thereof to the court before which the accused is brought, and notice thereof shall be given to the prosecuting attorney.

(b)On or before the date for appearance the officer to whom a summons was delivered for service shall make return thereof to the judicial officer before whom the summons is returnable.

(c)At any time while a complaint, information or indictment is pending, the issuing official may deliver a warrant returned unexecuted and not cancelled, or a summons returned unserved, or a duplicate of either to a law enforcement officer or other authorized person for execution or service.

(d)Upon return of a warrant, whether executed or unexecuted, the warrant along with the affidavit or sworn testimony on application shall be filed with the clerk of the issuing judicial officer, and they shall be publically accessible unless the court for good cause based upon reasonably specific facts orders that any of them should be closed or sealed.

(e) Arrest warrants, affidavits, or sworn testimony on application are filed in the warrant docket as described in Administrative Order Number 2 or 18. Administrative Order Number 19 governs public access to documents in the warrant docket subject to the provisions of this rule (see section (VII)(A) (3); see section (VIII) for obtaining access to documents excluded from public access). Remote electronic access to the warrant docket by the general public, however, shall be governed by and subject to the policies or requirement of the court.

Reporter's Note, 2015 Amendment.

This rule was amended by adding subsections (d) and (e) to provide for the filing of arrest warrants upon their return, whether ...


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