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A summons is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes.
Judicial summons
A judicial summons is addressed to a defendant in a legal proceeding. Typically, the summons will announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a file has been started in the court records. The summons announces a date by which the defendant(s) must either appear in court, or respond in writing to the court or the opposing party or parties. The summons is the descendant of the writ of the common law. In ancient Persian law, if one failed to answer the summons of the King the punishment was death. A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...
In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
For other uses of this term see: Persia (disambiguation) The Persian Empire is the name used to refer to a number of historic dynasties that have ruled the country of Persia (Iran). ...
In England and Wales, the term writ of summons for the originating document in Civil proceedings has been replaced with the term Claim Form as part of reforms to simplify legal terminology. Image File history File links Download high resolution version (453x885, 103 KB)Notice to appear, as used by the Santa Ana, California Planning and Building Agency. ...
Image File history File links Download high resolution version (453x885, 103 KB)Notice to appear, as used by the Santa Ana, California Planning and Building Agency. ...
In most U.S. jurisdictions, the service of a summons is in most cases required for the court to have personal jurisdiction over the party who is being hauled into court involuntarily. The process by which a summons is served is called service of process. The form and content of service in the Federal system is governed by Rule 4 the Federal Rules of Civil Procedure, and the rules of many state courts are similar. The federal summons is usually issued by the Clerk of the Court, in many states the summons may be issued by an attorney, though some states use filing as the means to commence an action and the summons must be filed in those cases in order to be effective. Other jurisdictions may only require that the summons be filed after it is served on the defendants. United States is the current Good Article Collaboration of the week! Please help to improve this article to the highest of standards. ...
Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ...
Service of process is the procedure employed to give legal notice to a person (defendant etc. ...
Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or...
Citation A citation or notice to appear is a type of summons prepared and served at the scene of the occurrence by a law enforcement official, compelling the appearance of a defendant before the local magistrate within a certain period of time to answer for a minor traffic infraction or misdemeanor or other summary offence. Failure to appear within the allotted period of time is a separate crime of failure to appear. Police forces are charged with the responsibility of maintaining law and order (law enforcement), and protecting the general public from harm. ...
A magistrate is a judicial officer. ...
To meet Wikipedias quality standards, this article or section may require cleanup. ...
A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ...
In the law of many common law jurisdictions, a summary offence (or summary offense) is an offence which can be tried without an indictment. ...
Failure to appear is the legal term for the failure of a defendant or respondent to appear within the stated time before a tribunal as directed in a summons. ...
Administrative summons One example of an administrative summons is found in the tax law of the United States. The Internal Revenue Code authorizes the U.S. Internal Revenue Service (IRS) to issue a summons for a taxpayer -- or any person having custody of books of account relating to a business of a taxpayer -- to appear before the U.S. Secretary of the Treasury or his delegate (generally, this means the IRS employee who issued the summons) at the time and place named in the summons.[1] The person summoned may be required to produce books, papers, records, or other data, and to give testimony under oath before an IRS employee.[2] The IRS is also empowered to issue the section 7602 summons for the purpose of "inquiring into any offense connected with the administration or enforcement of the internal revenue laws."[3] The Internal Revenue Code (or IRC) (more formally, the Internal Revenue Code of 1986, as amended) is the main body of domestic tax law of the United States organized topically, including laws covering the income tax (see Income tax in the United States), payroll taxes, and excise taxes. ...
Seal of the Internal Revenue Service The Internal Revenue Service (IRS) is the United States government agency that collects taxes and enforces the tax laws. ...
The summons may be enforced by a court order[4], and the law provides a criminal penalty of up to one year in prison or a fine, or both, for failure to obey the summons,[5] except that the person summoned may, to the extent applicable, assert a privilege against self incrimination or other evidentiary privileges, if applicable. Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ...
Notes The Internal Revenue Code (or IRC) (more formally, the Internal Revenue Code of 1986, as amended) is the main body of domestic tax law of the United States organized topically, including laws covering the income tax (see Income tax in the United States), payroll taxes, and excise taxes. ...
The Internal Revenue Code (or IRC) (more formally, the Internal Revenue Code of 1986, as amended) is the main body of domestic tax law of the United States organized topically, including laws covering the income tax (see Income tax in the United States), payroll taxes, and excise taxes. ...
The Internal Revenue Code (or IRC) (more formally, the Internal Revenue Code of 1986, as amended) is the main body of domestic tax law of the United States organized topically, including laws covering the income tax (see Income tax in the United States), payroll taxes, and excise taxes. ...
The Internal Revenue Code (or IRC) (more formally, the Internal Revenue Code of 1986, as amended) is the main body of domestic tax law of the United States organized topically, including laws covering the income tax (see Income tax in the United States), payroll taxes, and excise taxes. ...
See also A subpoena is a writ commanding a person to appear under penalty (from Latin). ...
External link - Federal Rules of Civil Procedure
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