Criminal Rule 4 explains when a court issues a summons (an order to come to court) or a warrant (an order to arrest), how a summons is delivered, and what must happen after an arrest. It matters in traffic cases because Traffic Rule 3 uses it when an officer could not hand you the ticket, and because failing to answer a summons can lead to a warrant. This page summarizes the rule and links to the official text.
When a complaint shows probable cause that you committed an offense, a judge, magistrate, clerk, or designated court officer issues either a warrant or a summons. A summons must be issued instead of a warrant if the prosecutor asks, or when a summons seems reasonably likely to get you to court. (Crim.R. 4(A)(1))
In misdemeanor cases, an officer who could arrest you may give you a summons instead. (Crim.R. 4(A)(2), (A)(3))
A traffic ticket that charges only minor misdemeanors must first be issued as a summons. If the officer cannot serve the ticket, it may be filed with the clerk so a warrant or summons can issue under Criminal Rule 4. (Traf.R. 3(E)(1))
A summons tells you that you may be arrested if you do not appear. If you fail to appear in response to a summons, "a warrant or alias warrant shall issue." (Crim.R. 4(B), (C)(2))
If you cannot make your court date, file a written motion for a continuance stating your reasons, before the date. Traffic Rule 18 says continuances are granted only on a written motion that states the grounds. Do not just stay home. (Traf.R. 18)
A summons may be delivered to you:
personally,
by leaving it at your home with a suitable person who lives there, or
in many cases, by U.S. certified or express mail with a return receipt, or by a commercial carrier that requires a signed receipt.
A summons may also be served by the clerk, except when it is issued in place of an arrest. A summons issued in place of an arrest without a warrant, or after arrest, must be served personally. (Crim.R. 4(D)(1), (D)(3))
Make sure the court has your current address, and check your mail.
Arrest on a warrant. The rule sets out how bail is handled and when you must be brought before the court that issued the warrant. (Crim.R. 4(E)(1))
Arrest without a warrant. If you are not released, the officer must promptly prepare a complaint or sworn statement showing probable cause. A judge or magistrate must review it without unnecessary delay and not later than 48 hours after the arrest. If the judge or magistrate does not find probable cause, you must be released for that offense. You must also be brought before a court without unnecessary delay and not later than the time the law sets for your first bail hearing. (Crim.R. 4(E)(2))
Release on a summons in misdemeanor cases. Unless the law prohibits it, the officer or jail supervisor may release you on a summons unless it appears a summons will not reasonably assure you will come to court. (Crim.R. 4(F))
Read any summons or ticket you receive and write down the court, date and time.
If you learn there is a warrant for you, contact the court or a lawyer promptly to ask how to resolve it.
Procedures for clearing a warrant vary by court. Ask the clerk.
Criminal Rule 4 was amended five times between 2018 and 2024. An older copy of it leaves out the 48-hour probable cause review and the newer mail and carrier service options. This page summarizes the current rule and links to it. If this summary and the official rule differ, the official rule controls.
Last verified: 2026-10-13