Changes

==Origin==

==Origin==

[https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] somouns, from Anglo-French somonse, from past participle of somondre

[https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] somouns, from Anglo-French somonse, from past participle of somondre

*[http://en.wikipedia.org/wiki/13th_century 13th Century]

*[https://en.wikipedia.org/wiki/13th_century 13th Century]

==Definitions==

==Definitions==

*1: the act of summoning; especially : a call by [[authority]] to [[appear]] at a place named or to attend to a [[duty]]

*1: the act of summoning; especially : a call by [[authority]] to [[appear]] at a place named or to attend to a [[duty]]

Legally, a '''summons''' (also known in England and Wales 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]].

Legally, a '''summons''' (also known in England and Wales 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]].

==Judicial summons==

==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 [http://en.wikipedia.org/wiki/Plain_English plain English] and that they must start with this phrase: "Notice! You have been sued."

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 [https://en.wikipedia.org/wiki/Plain_English plain English] 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 [http://en.wikipedia.org/wiki/Writ writ] of the [http://en.wikipedia.org/wiki/Common_law 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 [http://en.wikipedia.org/wiki/Personal_jurisdiction personal jurisdiction] in both [[criminal]] and civil actions.

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 [https://en.wikipedia.org/wiki/Writ writ] of the [https://en.wikipedia.org/wiki/Common_law 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 [https://en.wikipedia.org/wiki/Personal_jurisdiction personal jurisdiction] in both [[criminal]] and civil actions.

==Administrative summons==

==Administrative summons==

One example of an administrative summons is found in the [[tax]] [[law]] of the United States. The [http://en.wikipedia.org/wiki/Internal_Revenue_Code Internal Revenue Code] [[authorizes]] the [http://en.wikipedia.org/wiki/Internal_Revenue_Service 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.

One example of an administrative summons is found in the [[tax]] [[law]] of the United States. The [https://en.wikipedia.org/wiki/Internal_Revenue_Code Internal Revenue Code] [[authorizes]] the [https://en.wikipedia.org/wiki/Internal_Revenue_Service 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 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 [http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution privilege against self incrimination] or other evidentiary privileges, if applicable.

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 [https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution privilege against self incrimination] or other evidentiary privileges, if applicable.

[[Category: Law]]

[[Category: Law]]