1. Formerly, a writ directing a sheriff to summon a defendant to appear in court.
2. A writ or process commencing the plaintiff’s action and requiring the defendant to appear and answer. [Cases: Federal Civil Procedure 401; Process
7. C.J.S. Process §§ 2, 12.]
3. A notice requiring a person to appear in court as a juror or witness. [Cases: Witnesses
7. C.J.S. Witnesses §§ 20–22, 25.]
4. English law. The application to a common-law judge upon which an order is made. Pl. summonses.
alias summons. A second summons issued after the original summons has failed for some reason. [Cases: Process 45. C.J.S. Process §§ 24, 49.]
John Doe summons.
1. A summons to a person whose name is unknown at the time of service. [Cases: Federal Civil Procedure 401; Process 28. C.J.S. Process § 13.]
2. Tax. A summons from the Internal Revenue Service to a third party to provide information on an unnamed, unknown taxpayer with potential tax liability.
— Also termed third-party record-custodian summons. [Cases: Internal Revenue 4493–4517. C.J.S. Internal Revenue §§ 618–630.]
judgment summons. A process used by a judgment creditor to start an action against a judgment debtor to enforce the judgment.
short summons. A summons having a response time less than that of an ordinary summons, usu. served on a fraudulent or nonresident debtor. [Cases: Process 33. C.J.S. Process §§ 16–17.]
third-party record-custodian summons. See John Doe summons.
summons, vb.
1. SUMMON.
2. To request (information) by summons.
“The horrible expression ‘summonsed for an offence’ (turning the noun ‘summons’ into a verb) has now become accepted usage, but ‘summoned’ remains not only allowable but preferable.” Glanville Williams, Learning the Law 15 n.28 (11th ed. 1982).
