Summonses
A summons is a legal document issued by a court that commands an individual to appear before it, typically in connection with a legal action or proceeding. In criminal justice, summonses expedite the process by compelling defendants, witnesses, and other relevant parties to attend court, thereby reinforcing the court's authority. In civil cases, summonses serve as formal notifications to defendants regarding lawsuits filed against them, outlining the nature of the claims and requiring their response. Failure to respond can lead to default judgments against the defendant.
There are various types of summonses, including jury summonses, which require citizens to serve on a jury, and they carry serious penalties for non-compliance. In criminal contexts, summonses may be issued to defendants, as an alternative to arrest warrants, particularly for minor offenses like misdemeanors or violations. Additionally, officials may issue summonses related to local regulations, such as health codes or licensing laws. These documents play a critical role in the legal system, ensuring that individuals are informed of their legal obligations and can respond accordingly.
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Subject Terms
Summonses
Definition: Judicial instruments used to initiate legal proceedings or to call for the appearance of persons before courts or other bodies
Significance: Important instruments in criminal justice, summonses expedite proceedings by using the full weight of the courts and other government bodies to order defendants, witnesses, and other persons to make appearances.
In a civil action summonses are formal notices issued by clerks of the court that notify defendants of actions against them. A summons normally gives notice of the nature of the lawsuit and demands that the defendant appear to answer the allegations. Failure to answer, either through further pleadings or by not appearing in person, generally subjects the defendant to a default judgment.
Other forms of summonses include jury summonses, which command citizens to appear before the court to serve jury duty. A jury summons carries the authority of the court, and a failure to appear in response to it may subject the person to severe civil or criminal penalties. A summons may also be used in lieu of a subpoena to order a witness to appear to give testimony.
In criminal matters summonses are also used to command the appearance of defendants before the court. Whereas a warrant generally requires the arrest of the named person, a summons simply commands the person’s appearance before the court. This technique is used frequently when dealing with misdemeanors or violations. For example, the owner of a tavern may receive a summons to appear before a magistrate to answer for violations of liquor laws or health codes. Likewise, motorists typically receive summonses when they are issued citations for moving violations. The tickets issued by police officers are forms of summonses that command the motorists to appear before courts or otherwise answer the allegations.
Summonses may also be issued by officials charged with enforcing various legal codes of municipalities, counties, and states. They might include a summons directing a food vendor to appear before health inspectors for serving food without a license or for operating a restaurant that fails to meet health code regulations. This type of summons, much like a traffic ticket, usually serves two purposes in the sense that it is both the actual complaint and the summons to appear.
Bibliography
Del Carmen, Rolando V. Criminal Procedure: Law and Practice. 6th ed. Belmont, Calif.: Thomson/Wadsworth, 2004.
Samaha, Joel. Criminal Procedure. 3d ed. St. Paul, Minn.: West Publishing, 1996.