RULE CrRLJ 2.2
                  WARRANT OF ARREST OR SUMMONS
                         UPON COMPLAINT


    (a) Issuance of Warrant of Arrest.

    (1) Generally.  If a complaint is filed and if the offense
charged may be tried in the jurisdiction in which the warrant
issues, and if the sentence for the offense charged may include
confinement in jail, the court may direct the clerk to issue a
warrant for the arrest of the defendant unless the defendant has
already been arrested in connection with the offense charged and
is in custody or has been released on obligation to appear in court.

    (2) Probable Cause.  A warrant of arrest must be supported by
an affidavit, a document as provided in RCW 9A.72.085 or any law
amendatory thereto, or sworn testimony establishing the grounds
for issuing the warrant. Sworn testimony shall be recorded
electronically or stenographically. The evidence shall be
preserved. The court must determine there is probable cause to
believe that the defendant has committed the crime alleged before
issuing the warrant. The evidence shall be subject to
constitutional limitations for probable cause determinations and
may be hearsay in whole or in part.

    (3) Ascertaining Defendant's Current Address.

        (i) Search for Address.  The court shall not issue a
warrant unless it determines that the complainant has attempted
to ascertain the defendant's current address by searching the
following: (A) the District Court Information system database
(DISCIS), (B) the driver's license and identicard database
maintained by the Department of Licenses; and (C) the database
maintained by the Department of Corrections listing persons
incarcerated and under supervision. The court in its discretion
may require that other databases be searched.

        (ii) Exemptions from Address Search.  The search required
by subdivision (i) shall not be required if (A) the defendant has
already appeared in court (in person or through counsel) after
filing of the same case, (B) the defendant is known to be in
custody, or (C) the defendant's name is unknown.

        (iii) Effect of Erroneous Issuance.  If a warrant is
erroneously issued in violation of this subsection (a)(3), that
error shall not affect the validity of the warrant.

    (b) Issuance of Summons in Lieu of Warrant.

    (1) Generally. If a complaint is filed, the court may direct
the clerk to issue a summons commanding the defendant to appear
before the court at a specified time and place.

    (2) When Summons Must Issue. The court shall direct the clerk
to issue a summons instead of a warrant unless it finds
reasonable cause to believe that the defendant (i) will not
appear in response to a summons, (ii) will commit a violent
offense, (iii) will interfere with witnesses or the
administration of justice, or (iv) is in custody..

    (3) Summons for Felony Complaint. If the complaint charges
the commission of a felony, the court may direct the clerk to
issue a summons instead of a warrant unless it finds reasonable
cause to believe that the defendant will not appear in response
to a summons, or that arrest is necessary to prevent bodily harm
to the accused or another, in which case it may issue a warrant.

    (4) Summons. A summons shall be in writing and in the name of
the charging jurisdiction, shall be signed by the clerk with the
title of that office, and shall state the date when issued. It
shall state the name of the defendant and the nature of the
charge, and shall summon the defendant to appear before the court
at a stated time and place. The summons shall inform the
defendant that failure to appear as commanded may result in the
issuance of a warrant for the arrest of the accused.

    (5) Failure To Appear on Summons. If a person fails to appear
in response to a summons, or if delivery is not effected within a
reasonable time, a warrant of arrest may issue, if the sentence
for the offense charged may include confinement in jail.

    (c) Requisites of a Warrant. The warrant shall be in writing
and in the name of the charging jurisdiction, shall be signed by
the judge or clerk with the title of that office, and shall state
the date when issued. It shall specify the name of the defendant,
or if his or her name is unknown, any name or description by
which he or she can be identified with reasonable certainty. The
warrant shall specify the offense charged against the defendant
and that the court has found that probable cause exists to
believe the defendant has committed the offense charged and shall
command the defendant be arrested and brought forthwith before
the court issuing the warrant. If the offense is not a capital
offense, the court shall set forth in the order for the warrant,
bail and/or other conditions of release.

    (d) Execution; Service.

    (1) Execution of Warrant. The warrant shall be directed to
all peace officers in the state and shall be executed only by a
peace officer.

    (2) Delivery of Summons. The summons may be served any place
within the state. It may be served by a peace officer, who shall
deliver a copy of the same to the defendant personally, or it may
be delivered by the court mailing the same, postage prepaid, to
the defendant at his or her last known address.

    (e) Return. The officer executing a warrant shall make return
thereof to the court before whom the defendant is brought
pursuant to these rules. At the request of the prosecuting
authority any unexecuted warrant shall be returned to the issuing
court to be canceled. The peace officer to whom a summons has
been given for service shall, on or before the return date, file
a return thereof with the court before whom the summons is
returnable. For reasonable cause, the court may order that the
warrant be returned to it.

    (f) Defective Warrant or Summons.

    (1) Amendment. No person arrested under a warrant or
appearing in response to a summons shall be discharged from
custody or dismissed because of any irregularity in the warrant
or summons, but the warrant or summons may be amended so as to
remedy any irregularity.

    (2) Issuance of New Warrant or Summons. If during the
preliminary examination of any person arrested under a warrant or
appearing in response to a summons, it appears that the warrant
or summons does not properly name or describe the defendant or
the offense with which he or she is charged, or that although not
guilty of the offense specified in the warrant or summons, there
is reasonable ground to believe that he or she will be charged
with some other offense, the judge shall not discharge or dismiss
the defendant but may allow a new complaint to be filed and shall
thereupon issue a new warrant or summons.

    (g) Failure to Issue Warrant---Dismissal.  Upon five days' notice
to the prosecuting attorney, the court shall dismiss a charge
without prejudice if (i) 90 days have elapsed since the citation
or complaint was filed and (ii) on the date that the order of
dismissal is entered, no warrant has been issued and the
defendant has not appeared in court.


[Amended effective September 1, 1991; September 1, 1995;
September 1, 2003; September 1, 2006.]