Summons or Warrant on Indictment; When

(a) After the return of an indictment and upon the application of the prosecuting attorney, the clerk shall issue a summons for the appearance of any defendant named in the indictment. (b) Notwithstanding Subsection (a), the court shall issue a warrant where: (1) A valid reason is shown for the issuance of an arrest warrant in lieu of summons; or (2) A summons having previously issued, the defendant failed to appear in response thereto, or some other valid reason is shown for the issuance of an arrest warrant. (c) More than one warrant or summons may issue on the same indictment or for the same defendant. NOTE: Section 15.40 supersedes former Rule 9(a) and former § 814(a). The section is based on subdivision (a) of proposal Rule 9 of the Federal Rules of Criminal Procedure. This Section also states a preference for the issuance of a summons, which here may be issued by a clerk of the court. Compare § 15.20 and see Note thereto. To obtain a warrant an application must be made to the court which must be satisfied that there is a need therefore. The finding of an indictment by the grand jury establishes probable cause for the arrest, hence, there is no requirement of an additional showing for this purpose. Compare §§ 15.20 and 15.30. Process would not, or course, be issued where indictment follows the defendant's first appearance.