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summons

 
Dictionary: sum·mons   (sŭm'ənz) pronunciation
 
n., pl. -mons·es.
  1. A call by an authority to appear, come, or do something.
  2. Law.
    1. A notice summoning a defendant to appear in court.
    2. A notice summoning a person to report to court as a juror or witness.
tr.v. Law., -monsed, -mons·ing, -mons·es.

To serve a court summons to.

[Middle English somons, from Old French somonse, from feminine past participle of somondre, to summon. See summon.]


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Business Dictionary: Summons
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Mandate requiring the appearance of the defendant under penalty of having Judgment entered against him for failure to appear. The object of the summons is to notify the defendant that he has been sued. See also Subpoena.

 
Dental Dictionary: summons
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n

A writ requiring a proper officer to notify a defendant that an action has been begun against him or her in the court from which the writ was issued and that he or she is required to appear on a certain day to answer the complaint.

 

In law, written notification that one is required to appear in court. In civil (noncriminal) cases, it notifies a defendant that he or she must appear and defend (e.g., by filing an answer) within a specified time or a default judgment will be rendered for the plaintiff. The summons is also used in cases involving minor criminal offenses (e.g., traffic violations) to call defendants to appear and answer to charges against them. See also subpoena.

For more information on summons, visit Britannica.com.

 
Law Encyclopedia: Summons
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This entry contains information applicable to United States law only.

The paper that tells a defendant that he or she is being sued and asserts the power of the court to hear and determine the case. A form of legal process that commands the defendant to appear before the court on a specific day and to answer the complaint made by the plaintiff.

The summons is the document that officially starts a lawsuit. It must be in a form prescribed by the law governing procedure in the court involved, and it must be properly served on, or delivered to, the defendant. If the prescribed formalities are not observed, the court lacks authority to hear the dispute.

In the federal district courts, the summons is prepared by the attorney for the plaintiff and given to the clerk of the court where the case will be heard. When the plaintiff's complaint, setting out his claim, is filed with the court, the clerk signs the summons and gives it and a copy of the complaint to a U.S. marshal or to someone else appointed to serve the papers. Once the summons and complaint are served on the defendant, she must respond to them within twenty days or whatever other time the court allows.

Some states follow this same procedure, but other states allow service of the summons and complaint by delivery directly to the defendant. In those states, the lawsuit is considered begun as soon as the defendant receives the papers, even though nothing has yet been filed with a court. Actions commenced in this way are sometimes called "hip pocket" suits.

See: service of process.

 
Wikipedia: Summons
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A summons (also in Britain known as a claim form) is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes.

Contents

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.

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.

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 "haled" into court involuntarily.[1] 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.

Citation

United States: The Ohio Uniform Traffic Ticket is a summons form prescribed by the Supreme Court of Ohio.

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 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.

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.[2] The person summoned may be required to produce books, papers, records, or other data, and to give testimony under oath before an IRS employee.[3]

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."[4]

The summons may be enforced by a court order[5], 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,[6] except that the person summoned may, to the extent applicable, assert a privilege against self incrimination or other evidentiary privileges, if applicable.

Notes

  1. ^ See, e.g., World-Wide Volkswagen v. Woodson, 444 U.S. 286 (1980).
  2. ^ The summons is generally executed on IRS Form 2039, Summons.
  3. ^ 26 U.S.C. § 7602(a).
  4. ^ 26 U.S.C. § 7602(b).
  5. ^ 26 U.S.C. § 7604. For background, see Schulz v. Internal Revenue Service, 395 F.3d 463, 2005-1 U.S. Tax Cas. (CCH) paragr. 50,165 (2d Cir. 2005) (per curiam).
  6. ^ 26 U.S.C. § 7210.

See also

External links


 
Translations: Summons
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Dansk (Danish)
n. - stævning, indkaldelse, befaling
v. tr. - indstævne, indkalde

Nederlands (Dutch)
dagvaarding, oproep

Français (French)
n. - (Jur) citation, (gén) injonction
v. tr. - citer

Deutsch (German)
n. - Aufforderung, Vorladung
v. - beruft ein, lädt vor

Ελληνική (Greek)
n. - (επιτακτική) πρόσκληση, (νομ.) κλήση, κλήτευση, κλητήριο θέσπισμα
v. - κλητεύω

Italiano (Italian)
notifica, citazione

Português (Portuguese)
n. - intimação (f)
v. - intimar

Русский (Russian)
вызов, судебная повестка, требование сделать что-л. или быть где-л., ультиматум о сдаче

Español (Spanish)
n. - comunicado, notificación, aviso, parte, citación, emplazamiento, citación judicial, llamada, convocatoria
v. tr. - convocar, citar, reunir, intimar, requerir

Svenska (Swedish)
n. - kallelse, inkallelse, kallelsemeddelande, stämning, stämningsorder, uppfordran, signal
v. - uppmaning att kapitulera, stämma, instämma

中文(简体)(Chinese (Simplified))
召唤, 召集, 传唤, 传唤到法院, 传到, 唤出

中文(繁體)(Chinese (Traditional))
n. - 召喚, 召集, 傳喚
v. tr. - 傳喚到法院, 傳到, 喚出

한국어 (Korean)
n. - 소환하다, 호출, 소집
v. tr. - 법정에 소환하다, 호출하다

日本語 (Japanese)
n. - 召喚, 勧告, 召集
v. - 召喚状を送る

العربيه (Arabic)
‏(الاسم) استدعاء (فعل) يستدعي للمثول امام القضاء‏

עברית (Hebrew)
n. - ‮הזמנה, צו-הופעה, תביעה, דרישה‬
v. tr. - ‮שלח צו-הופעה, אגר כוחות‬


 
 

 

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Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2007. Published by Houghton Mifflin Company. All rights reserved.  Read more
Business Dictionary. Dictionary of Business Terms. Copyright © 2000 by Barron's Educational Series, Inc. All rights reserved.  Read more
Dental Dictionary. Mosby's Dental Dictionary. Copyright © 2004 by Elsevier, Inc. All rights reserved.  Read more
Britannica Concise Encyclopedia. Britannica Concise Encyclopedia. © 2006 Encyclopædia Britannica, Inc. All rights reserved.  Read more
Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
Wikipedia. This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Summons" Read more
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