summons

Instrument used to commence a civil action or special proceeding and is a means of acquiring jurisdiction over a party. In re Dell, 56 Misc.2d 1017, 290 N.Y.S.2d 287, 289.

Writ or process directed to the sheriff or other proper officer, requiring him to notify the person named that an action has been commenced against him in the court from where the process issues, and that he is required to appear, on a day named, and answer the complaint in such action. Upon the filing of the complaint the clerk is required to issue a summons and deliver it for service to the marshal or to a person specially appointed to serve it. Fed.R.Civil P. 4(a).

See also alias summons

- process

- service.

In criminal law, an alternative to arrest generally used for petty or traffic offenses; a written order notifying an individual that he or she has been charged with an offense. A summons directs the person to appear in court to answer the charge. It is used primarily in instances of low risk, where the person will not be required to appear at a later date.

See e.g. Fed.R. Crim.P. 4, 9.

Form and content of summons.

The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiffs attorney, if any, otherwise the plaintiffs address, and the time within which these rules require the defendant to appear and defend, and shall notify him that in case of his failure to do so judgment by default will be rendered against him for the relief demanded in the complaint. When service is made pursuant to a statute or rule of court of a state, the summons, or notice, or order in lieu of summons shall correspond as nearly as may be to that required by the statute or rule. Fed.R.Civil P. 4(b).

For form of summons in criminal cases, see Fed.R.Crim.P. 4, 9.

@ John Doe summons

An order of the court to appear in a proceeding to one whose name is unknown. A description of the person so ordered is required to appear on the summons to satisfy due process requirements

+ John Doe summons

A summons used when the defendant's name is unknown and which is therefore made out to John Doe. After the true name of the defendant is known, it is substituted

@ summons ad respondendum

/samanz xd respondendam/

Process issuing in a civil case at law notifying defendant therein named that he must appear on day designated and thereupon make answer to plaintiffs statement of his cause of action

@ summons and order

In English practice, the summons is the application to a common-law judge at chambers in reference to a pending action, and upon it the judge or master makes the order

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