Summons
Encyclopedia
Legally, 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.
and that they must start with this phrase: "Notice! You have been sued."
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
. It replaces the former procedure at common law by which the plaintiff actually had to ask the sheriff
to arrest the defendant in order for the court to obtain personal jurisdiction in both criminal and civil actions.
In England and Wales
, the term writ of summons for the originating document in civil proceedings has been replaced with the term claim form by the Civil Procedure Rules 1998
(CPR). This is part of the reforms to simplify legal terminology. However, despite its name, the claim form does not present the details of the claim itself (in other words, it does not replace the complaint). The complaint is now known as the particulars of claim.
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 courts is governed by Rule 4 of 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, but some states use filing as the means to commence an action and in those states the attorney must first file the summons in duplicate before it becomes effective; one or more copies are stamped by the court clerk with the court seal and returned to the attorney, who then uses it to actually serve the defendants. Other jurisdictions may only require that the summons be filed after it is served on the defendants. New York
is notorious for its permissive filing
system, in which the summons or complaint need not be filed at all.
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
.
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. The person summoned may be required to produce books, papers, records, or other data, and to give testimony under oath before an IRS employee.
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."
The summons may be enforced by a court order, 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, except that the person summoned may, to the extent applicable, assert a privilege against self incrimination
or other evidentiary privileges, if applicable.
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 case has been initiated in the issuing court. In some jurisdictions it may be drafted in dense legal jargon, while several U.S. states expressly require summonses to be drafted in plain EnglishPlain English
Plain English is a generic term for communication styles that emphasise clarity, brevity and the avoidance of technical language – particularly in relation to official government communication, including laws.The intention is to write in a manner that is easily understood by the target...
and that they must start with this phrase: "Notice! You have been sued."
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
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
of the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. It replaces the former procedure at common law by which the plaintiff actually had to ask the sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
to arrest the defendant in order for the court to obtain personal jurisdiction in both criminal and civil actions.
In England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, the term writ of summons for the originating document in civil proceedings has been replaced with the term claim form by the Civil Procedure Rules 1998
Civil Procedure Rules 1998
The Civil Procedure Rules are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales...
(CPR). This is part of the reforms to simplify legal terminology. However, despite its name, the claim form does not present the details of the claim itself (in other words, it does not replace the complaint). The complaint is now known as the particulars of claim.
In most U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
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
Service of process
Service of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...
. The form and content of service in the federal courts is governed by Rule 4 of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
, 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, but some states use filing as the means to commence an action and in those states the attorney must first file the summons in duplicate before it becomes effective; one or more copies are stamped by the court clerk with the court seal and returned to the attorney, who then uses it to actually serve the defendants. Other jurisdictions may only require that the summons be filed after it is served on the defendants. New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
is notorious for its permissive filing
Filing (legal)
In law, filing is the act of submitting a document to the clerk of a court for the court's immediate consideration, for storage in the court's files, or both. Courts will not consider motions unless an appropriate memorandum or brief is filed before the appropriate deadline...
system, in which the summons or complaint need not be filed at all.
Citation
A citation, traffic violation ticket or notice to appear is a type of summons prepared and served at the scene of the occurrence by a law enforcementPolice
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
official, compelling the appearance of a defendant before the local magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
within a certain period of time to answer for a minor traffic infraction
Traffic ticket
A traffic ticket is a notice issued by a law enforcement official to a motorist or other road user, accusing violation of traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding the speed limit, or a non-moving violation, such as a parking violation,...
or misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
or other summary offence
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
. Failure to appear within the allotted period of time is a separate crime of failure to appear
Failure to appear
Failure to appear is the legal term for the failure of a defendant or respondent to appear at the stated time before a tribunal as directed in a summons. Where the conduct alleged in the summons or complaint is an infraction or summary offence, failure to appear is a crime for which a...
.
Civil Summons
A Civil Summons is most often accompanied by a complaint. Depending on the type of summons, there is often an option to endorse your summons so you can identify the entity you are trying to serve. In the U.S. court system in California, for civil unlimited cases in the superior court, a summons will often have 1-4 options to endorse. 1 is as an individual. 2. is as the person sued under the fictitious name of (specify):. 3. is on behalf of (usually for a company). 4. is by personal delivery on (date):Administrative summons
One example of an administrative summons is found in the tax law of the United States. The Internal Revenue CodeInternal Revenue Code
The Internal Revenue Code is the domestic portion of Federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 of the United States Code...
authorizes the U.S. Internal Revenue Service
Internal Revenue Service
The Internal Revenue Service is the revenue service of the United States federal government. The agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue...
(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. The person summoned may be required to produce books, papers, records, or other data, and to give testimony under oath before an IRS employee.
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."
The summons may be enforced by a court order, 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, except that the person summoned may, to the extent applicable, assert a privilege against self incrimination
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
or other evidentiary privileges, if applicable.