Removal warrant

Primary tabs

Also called a warrant of removal. Pursuant to Rule 40 of the Federal Rules of Criminal Procedure, this is a writ which directs the removal of a prisoner from the district in which he is incarcerated to the district that issued the warrant (called a demanding district). If, based on a hearing, it appears from the report of a magistrate or from evidence heard before a judge that sufficient cause has been shown to order the defendant's removal, the judge shall issue a such a warrant to the district where the prosecution is pending. If the prosecution is by indictment, such a warrant shall issue upon production of a certified copy of the indictment and upon proof that the defendant is the person named in the indictment.