Jump to content
Main menu
Main menu
move to sidebar
hide
Navigation
Main page
Recent changes
Random page
Help about MediaWiki
Special pages
Niidae Wiki
Search
Search
Appearance
Create account
Log in
Personal tools
Create account
Log in
Pages for logged out editors
learn more
Contributions
Talk
Editing
Summons
(section)
Page
Discussion
English
Read
Edit
View history
Tools
Tools
move to sidebar
hide
Actions
Read
Edit
View history
General
What links here
Related changes
Page information
Appearance
move to sidebar
hide
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
==Types of summonses== ===Citation/claim (legal term)=== {{see also|Traffic ticket}} [[File:Parking ticket - Washington DC - 2011-08-25.jpg|thumb|A parking ticket issued in Washington, D.C.]] 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 [[Police|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 ticket|traffic infraction]], [[misdemeanor]], or other [[summary offence]]. Failure to appear within the allotted period of time is a separate crime of [[failure to appear]]. In [[Australia]], minor traffic and some summary offences are known as an infringement notice or a [[Fine (penalty)|fine]] and can be dealt with by paying a particular monetary amount depending on the offence. The accused person has the right to have the matter heard in a court; if found not guilty the accused person pays nothing other than his legal costs (if any); if found guilty the accused person faces the prospect of a conviction for the offence and/or a substantial increase in the fine up to the maximum. For example, proceeding through a red light could go from A$353 up to A$2,200 if convicted in [[NSW]]. For more serious offences, a field court attendance notice is issued. In the United Kingdom and Hong Kong, law enforcement officials may deal with certain minor offences, such as [[litter]]ing, by issuing a [[fixed penalty notice]], colloquially called an "on-the-spot fine", although legally they are not fines. They allow the recipient to avoid going to court by paying a penalty fixed by statute. If such a notice is ignored or disputed, a court summons will be issued as for any other offence. ===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 a summons so that the entity being served may be identified. In the court system in California, for civil unlimited cases in the superior court, a summons will often have these options to endorse: # as an individual; # as the person sued under the fictitious name of __________________; # on behalf of (usually for a company); or # by personal delivery on __________ ===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.<ref>The summons is generally executed on IRS Form 2039, Summons.</ref> The person summoned may be required to produce books, papers, records, or other data, and to give testimony under oath before an IRS employee.<ref>{{uscsub|26|7602|a}}.</ref> 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".<ref>{{uscsub|26|7602|b}}.</ref> The summons may be enforced by a court order,<ref>{{usc|26|7604}}. For background, see ''Schulz v. Internal Revenue Service'', 395 [[Federal Reporter|F.3d]] 463, 2005-1 U.S. Tax Cas. ([[CCH (company)|CCH]]) ¶ 50,165 (2d Cir. 2005) (''per curiam'').</ref> 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,<ref>{{usc|26|7210}}.</ref> except that the person summoned may, to the extent applicable, assert a [[Fifth Amendment to the United States Constitution|privilege against self incrimination]] or other evidentiary privileges, if applicable. In the U.S. immigration court system, a "Notice to Appear" is an administrative summons ordering a respondent to appear before an immigration court for [[removal proceedings]].
Summary:
Please note that all contributions to Niidae Wiki may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see
Encyclopedia:Copyrights
for details).
Do not submit copyrighted work without permission!
Cancel
Editing help
(opens in new window)
Search
Search
Editing
Summons
(section)
Add topic