§ 2-102. Arrest warrant or summons to appear.
A. If it appears from the complaint that an offense has been charged against the defendant, the Court Clerk shall issue a summons to the defendant to bring him before the Court. An arrest warrant shall issue only upon a complaint charging an offense by the defendant against the law of the Nation supported by the recorded ex parte testimony or affidavit of some person having knowledge of the facts of the case through which the Judge can determine that probable cause exists to believe that an offense has been committed and that the defendant committed it.
B. Issuance of Arrest Warrants or Summons. Unless the Trial Judge has reasonable grounds to believe that the person will not appear on a summons, or unless the complaint charges an offense which is punishable by banishment, a summons shall be issued instead of an arrest warrant.
C. Contents of Arrest Warrants. The warrant of arrest shall be signed by the Judge issuing it, and shall contain the name and address of the Court; the name of the defendant, or if the correct name is unknown, any name by which the defendant is known and the defendant’s description; and, a description of the offense charged with reference to the section of the Osage Nation Code alleged to have been violated. It shall order and command the defendant be arrested and brought before a Judge of the Trial Court to enter a plea. When two or more charges are made against the same person only one warrant shall be necessary to commit him or her to trial.
D. Contents of Summons. A criminal summons shall contain the same information as an arrest warrant, except that instead of commanding the arrest of the accused, it shall order the defendant to appear before the Trial Judge on the next court date to enter a plea to the charge, and a notice that upon the defendant’s failure to appear an arrest warrant shall issue and that the defendant may be further charged with disobeying a lawful order of the Court. If the defendant fails to appear in response to a summons or refuses to accept the summons, an arrest warrant shall issue.
E. Service of Arrest Warrants and Summons.
1. Warrants for arrest and criminal summons may be served by any Osage Nation or federal law enforcement officer or any adult person authorized in writing by the Trial Judge. Service may be made at any place within the jurisdiction of the Nation.
2. Warrants for arrest and summons are to be served at a person’s home only between the hours of 7:00 a.m. and 9:00 p.m., unless an authorization to serve such process at night is placed on the face thereof by the Trial Judge.
3. The date, time and place of service of arrest shall be written on the warrant or summons along with the signature of the person serving such, and the warrant or summons is to be returned to the Court. A copy, so signed, shall be given to the person served or arrested at the time of arrest or service if reasonably possible, or as soon thereafter as is reasonably possible.
4. An officer need not have the warrant in his possession at the time of arrest, but if not, he shall inform the defendant of the charge(s), that a warrant of arrest has been issued and shall provide the defendant a copy of the warrant no later than the time of arraignment.