Criminal.law · Glossary
Summons
A criminal summons is a court document requiring a charged person to appear in court at a stated time and place instead of being arrested. Federal and New Jersey examples.
Editorial direction: Antonio G. Jimenez · Former prosecutor and former criminal defense attorneyPublished General legal information, not legal advice · Editorial standards
Key takeaways
- In federal court, a summons requires a charged person to appear before the court at a stated time and place rather than ordering an arrest. [10]
- Under the federal rules, a judge issues a summons instead of a warrant when the government's attorney requests it. [4]
- New Jersey's rule presumes a summons for many offenses, while requiring or presuming a warrant for certain listed serious offenses. [6]
- A summons is directed to the accused; a subpoena is directed to a witness and commands that witness to attend and testify. [3]
| Document | Directed to | What it does |
|---|---|---|
| Summons | The defendant | Requires the defendant to appear before the court at a stated time and place [5] |
| Arrest warrant | The defendant | Commands that the defendant be arrested and brought before a judge [11] |
| Subpoena | A witness | Commands the witness to attend and testify, and may order documents or objects produced [3] |
What is a summons in a criminal case?
A criminal summons is a court document that requires a person charged with an offense to appear before the court at a stated time and place, instead of being arrested. Under the federal criminal rules, a summons takes the same form as an arrest warrant except for that appearance requirement. States set their own procedures. New Jersey's court rules, used here as one example, also provide for a summons issued on a complaint. [5][6]
Which rules does this page describe?
This page uses the Federal Rules of Criminal Procedure, which govern criminal cases in federal courts, and New Jersey's court rules as a labelled state example. Each state sets its own criminal procedure. Other states' rules may differ and are not surveyed here. [1]
How does a summons come up in a criminal case?
In federal court, a summons is issued after a charge has been filed, either as an alternative to an arrest warrant on a complaint or on an indictment or information. When a complaint establishes probable cause (a reasonable basis to believe an offense occurred and the defendant committed it), the judge issues a warrant, or a summons instead if the government's attorney requests it. [4][8]
The federal rule on complaints says a summons may be served by anyone authorized to serve a summons in a federal civil case. When the defendant appears in response, a magistrate judge conducts the initial appearance procedures that the rules set out. [5][2]
Who decides whether a summons or a warrant is issued?
In federal court, the judge issues the summons, but the government's attorney's request determines whether a summons replaces the warrant. If the defendant later fails to appear, a judge may issue a warrant, and must do so at the government's request. [4]
New Jersey's rule permits a summons on a complaint when a judicial officer finds probable cause and notes that finding on the summons. It also permits a summons when the law enforcement officer who made the complaint issues it. Citizen complaints for indictable offenses must be issued by a judge. [6]
New Jersey presumes a summons rather than a warrant for offenses outside certain listed categories. For specified serious offenses, the rule requires or presumes a warrant instead. A judicial officer who finds no probable cause may issue neither. [6][7]
In New Jersey, a summons is served by any officer authorized by law, anywhere within the state. The officer then makes a return to the court before which the summons is returnable. [9]
How is a summons different from an arrest warrant or a subpoena?
A summons and an arrest warrant are both aimed at the accused, but a warrant is carried out by arrest, while a summons calls the person to court. Under the federal rules, only a marshal or other authorized officer may execute a warrant. [5]
A federal subpoena, by contrast, is aimed at a witness, not the defendant. It commands the witness to attend and testify. The clerk issues it signed and sealed to the requesting party, who fills in the blanks before service. [3]
What happens in federal court if someone does not respond to a summons?
Under the federal rules, if an individual defendant fails to appear in response to a summons, a judge may issue a warrant. If the government's attorney requests one, the judge must issue it. The same approach applies to a summons issued on an indictment or information. [4][8]
Is a summons the same as being arrested?
No. Under the federal rules, a warrant is carried out by arresting the defendant, while a summons requires the defendant to appear before the court at a stated time and place. New Jersey's rule likewise says a warrant is executed by the arrest of the defendant. [5][9]
Can a company or other organization receive a criminal summons?
Yes, in both examples here. The federal rule allows a judge to take any action authorized by United States law if an organizational defendant fails to answer a summons. New Jersey's rule provides that a corporation receives a summons rather than a warrant. If the corporation fails to appear, the court proceeds as if it appeared and pleaded not guilty. [4][7]