Rule 9 - Warrant or Summons upon Information or Petition(a) Issuance of warrant or summons.(1) Warrant. Upon request by the Court or the Attorney General, the Clerk of the Court shall issue a warrant instead of a summons for any person charged in an information or petition when:(i) the person charged has failed to comply with a prior summons or a prior summons is returned unserved, as per Rule 9(a)(2); or(ii) the Attorney General shall have submitted a certification that the person charged has failed to comply with a summons or warrant currently outstanding that was issued by any court of this State in a criminal prosecution; or (iii) the Attorney General shall have submitted a certification that there is substantial risk to the safety of the public or risk of departure of the person charged from the State unless the person charged is arrested immediately; or(iv) the Attorney General shall have submitted a certification which has been approved by the Court that there is other good reason to believe that a warrant should issue in lieu of a summons in the particular case. The Clerk of the Court shall direct the warrant to the sheriff or other person authorized by law to execute and serve it, and additional warrants may be issued upon request. The Court may direct that a warrant be issued for a person charged upon application by the Attorney General.
(2) Summons. Upon request by the Court or the Attorney General, the Clerk of the Court shall issue a summons for any person charged in an information or petition and additional summonses may be issued upon request. The Clerk of the Court shall direct the summons to the sheriff or other person authorized by law to execute and serve it. If a person charged fails to appear in response to the summons or if the summons is returned unserved, a warrant shall issue upon direction of the Court. (b) Form.(1) Warrant. The form of the warrant shall be as provided in Rule 4(b)(1) except that it shall be signed by the Clerk of the Court, describe the offense charged in the information or petition and command that the person charged be apprehended and brought before this Court. A copy of the information or petition shall be attached to the warrant. The amount of bail may be fixed by the Court.(2) Summons.The summons shall be in the same form as the warrant except that it shall summon the person charged to appear before this Court at a stated time and place. A copy of the information or petition shall be attached to the summons. (c) Execution or service and return.(1) Execution or service. The warrant shall be executed or the summons served as provided in Rule 4(c)(1), (2) and (3). The officer executing a warrant shall bring the apprehended person without unreasonable delay before the Court for the purpose of admission to bail. (2) Return. The officer executing a warrant shall make return thereof to the Court. At the request of the Court or the Attorney General, any unexecuted warrant shall be returned and canceled. On or before the return day, the person to whom a summons was delivered for service shall make return thereof. At the request of the Attorney General made at any time while the information or petition is pending, a warrant returned unexecuted and not canceled or a summons returned unserved or a duplicate thereof may be delivered by the Clerk of the Court to the sheriff or other authorized person for execution or service.Del. Fam. Ct. R. Crim. P. 9