Service of Process

Removal Warrant

Removal Warrant: (Federal Rules of Criminal Procedure, Rule 40) A writ which directs the removal of a prisoner from the district where he is incarcerated to the demanding district. If a hearing is held and it appears from a Magistrate's report or from evidence adduced before the Judge that sufficient cause has been shown for ordering the removal of the defendant, the Judge shall issue a Warrant of Removal to the district where the prosecution is pending. If the prosecution is by indictment, a Warrant of Removal shall issue upon production of a certified copy of the indictment and upon proof that the defendant is the person named in the indictment.

Issued By: A removal warrant may be issued by either a Magistrate or a Judge of the U.S. District Court.

Territorial Limits: A removal warrant may be executed anywhere in the United States.

Execution By: The execution of a removal warrant may be accomplished by a United States Marshal or Deputy US. Marshal.

Manner of Service: Execution is accomplished by transporting the within named to the District Court where charges are pending.

Return: Returns are to be made on the original Warrant of Removal and delivered to the Court where charges are pending.

Note:  The information related to the service of court process that is contained on this web site is general information and not intended to be an exhaustive or definitive explanation or depiction of Federal rules of procedures for the service of process.  Readers are directed to the Federal Rules of Criminal and Civil Procedure; personal legal counsel; the United States Code, Titles 18 and 28; their local U.S. Attorney's Office and District Court for specific, authoritative guidance.