[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR11.304]



[Page 25-26]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents

 

                      Subpart C_Criminal Procedure

 

Sec.  11.304  Summons in lieu of warrant.



    (a) When otherwise authorized to arrest a suspect, a law enforcement 

officer or a magistrate may, in lieu of a warrant, issue a summons 

commanding the accused to appear before the Court of Indian Offenses at 

a stated time and place and answer to the charge.

    (b) The summons shall contain the same information as a warrant, 

except that it may be signed by a police officer.

    (c) The summons shall state that if a defendant fails to appear in 

response to a summons, a warrant for his or her arrest shall be issued.

    (d) The summons, together with a copy of the complaint, shall be 

served upon the defendant by delivering a copy to the defendant 

personally or by leaving a copy at his or her usual residence or place 

of business with any person 18 years of age or older who also resides or 

works there. Service shall be made by an authorized law enforcement 

officer, who shall file with the



[[Page 26]]



record of the case a form indicating when the summons was served.