removal warrant

A removal warrant, also known as a warrant of removal, is a legal document issued by a court or authorized agency that orders the transfer of an individual from one jurisdiction to another, typically for the purpose of facing legal proceedings or serving a sentence.

Pursuant to Rule 40 of the Federal Rules of Criminal Procedure, this writ directs the removal of a prisoner from the district in which they are incarcerated to the district that issued the warrant (referred to as the 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 such a warrant to the district where the prosecution is pending. If the prosecution is by indictment, the warrant shall be issued upon production of a certified copy of the indictment and proof that the defendant is the person named in the indictment.

[Last reviewed in June of 2024 by the Wex Definitions Team]

Keywords

• criminal law and procedure

Wex

• THE LEGAL PROCESS
• courts
• criminal law
• criminal procedure
• wex definitions
• courts and procedure
• criminal law and procedure