A summons is a legal document calling a defendant to court. There are two types:
-Judicial Summons: A summons issued by the courts
- Administrative Summons: A summons issued by an administrative government agency.
The more common judicial summons will inform the defendant that legal proceedings against them have begun, and will make them aware of a date that their presence is required in court.
From there, the document can differ greatly depending on location. In many US states, they will be written with legal jargon, whilst others are required by law to be written in plain English. Several states even require the summons to begin with 'Notice! You have been sued!', which is probably not the best thing to read with your fruity loops and orange juice in the morning.
In England, the latter is most often the case also, as the legal system has changed to make it easier for defendants to understand the nature of accusations put against them. The summons is usually presented in two parts, the 'writ of summons', and the 'particulars of claim', which does as it says and sets out the details of the claim being made against the defendant.
Administrative summons are dealt by governing bodies, an example being someone summoned by the Inland Revenue or HMRC in the UK, or IRS in the USA. People may be called to court to prove certain things about their tax history etc.
Summons are usually posted to defendants or delivered by attorneys. A citation is a type of summons which is issued at the scene. An example of this is a speeding or DUI offence where the perpetrator is given a citation or a ticket by the roadside which requests their presence in court. Failure to appear in court after being given a citation results in a separate offence, aptly titled 'failure to appear'.
-Judicial Summons: A summons issued by the courts
- Administrative Summons: A summons issued by an administrative government agency.
The more common judicial summons will inform the defendant that legal proceedings against them have begun, and will make them aware of a date that their presence is required in court.
From there, the document can differ greatly depending on location. In many US states, they will be written with legal jargon, whilst others are required by law to be written in plain English. Several states even require the summons to begin with 'Notice! You have been sued!', which is probably not the best thing to read with your fruity loops and orange juice in the morning.
In England, the latter is most often the case also, as the legal system has changed to make it easier for defendants to understand the nature of accusations put against them. The summons is usually presented in two parts, the 'writ of summons', and the 'particulars of claim', which does as it says and sets out the details of the claim being made against the defendant.
Administrative summons are dealt by governing bodies, an example being someone summoned by the Inland Revenue or HMRC in the UK, or IRS in the USA. People may be called to court to prove certain things about their tax history etc.
Summons are usually posted to defendants or delivered by attorneys. A citation is a type of summons which is issued at the scene. An example of this is a speeding or DUI offence where the perpetrator is given a citation or a ticket by the roadside which requests their presence in court. Failure to appear in court after being given a citation results in a separate offence, aptly titled 'failure to appear'.
