Service of Process
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.
Manner of Service: Execution is accomplished by transporting the
within named to the District Court where charges are
Return: Returns are to be made on the original Warrant of
Removal and delivered to the Court where charges are
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;
U.S. Attorney's Office and District Court for
specific, authoritative guidance.