Summons in lieu of arrest warrant; contents; service; return;
failure to appear; forms
Sec. 1. (a) When an indictment or information is filed against a
person charging him with a misdemeanor, the court may, in lieu of
issuing an arrest warrant under IC 35-33-2, issue a summons. The
summons must set forth substantially the nature of the offense, and
command the accused person to appear before the court at a stated
time and place. However, the date set by the court must be at least
seven (7) days after the issuance of the summons. The summons may
be served in the same manner as the summons in a civil action.
(b) If the person summoned fails, without good cause, to appear
as commanded by the summons and the court has determined that
there is probable cause to believe that a crime (other than failure to
appear) has been committed, the court shall issue a warrant of arrest.
(c) If after issuing a summons the court:
(1) is satisfied that the person will not appear as commanded by
the summons; and
(2) has determined that there is probable cause that a crime
(other than failure to appear) has been committed;
it may at once issue a warrant of arrest.
(d) The summons may be in substantially the following form:
STATE OF INDIANA ) IN THE _______ COURT
)
vs. ) OF __________ COUNTY
)
__________________ )
Defendant ) CAUSE NO. _________
SUMMONS
THE STATE OF INDIANA TO
THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED, to appear before the above
designated Court at ______, ______, ______ at _____ ___.m. on
(day) ______, _____, 20___, with respect to an (information or
indictment) for ____________.
If you do not so appear, an application may be made for the
Issuance of a Warrant for your arrest.
ISSUED: __________ ___,
20___
in
(City or County) _________, ______
BY THE CLERK OF SAID COURT:
_______________________________
CLERK
(e) When any law enforcement officer in the state serves a
summons on a person, he shall file a return of service with the court
issuing the summons. The return shall be in substantially the
following form:
RETURN OF SERVICE
I hereby certify that I served this summons upon the above named
defendant by delivering a copy of it and of the Information to the
defendant personally or by certified mail return receipt requested, on
______ _____, 20___, at ____, ________.
DATED: ________ ___, 20___.
(Signature) ____________________________
__________________________________
LAW ENFORCEMENT AGENCY
(f) In lieu of arresting a person who has allegedly committed a
misdemeanor (other than a traffic misdemeanor) in his presence, a
law enforcement officer may issue a summons and promise to
appear. The summons must set forth substantially the nature of the
offense and direct the person to appear before a court at a stated
place and time.
(g) The summons and promise to appear may be in substantially
the following form:
STATE OF INDIANA ) IN THE ________ COURT
)
vs. ) OF ___________ COUNTY
)
____________________ )
Defendant )
SUMMONS AND PROMISE TO APPEAR
YOU ARE HEREBY SUMMONED, to appear before the above
d e s i g n a t e d C o u r t a t
________________________________________
(Address)
at __________________________ ___ .m. on __________ _______,
Month Day
20___, in respect to the charge of _______________________
_______________________________________________________.
If you do not so appear, an application may be made for the
issuance of a warrant for your arrest.
ISSUED:_______, 20 ____,
in
_____________, Indiana
(City or County)
BY THE UNDERSIGNED LAW
ENFORCEMENT OFFICER:
___________________________
Officer's Signature
I.D. No. ________________
Div. Dist. _______________
Police Agency _____________
COURT APPEARANCE
I promise to appear in court at the time and place designated above,
or be subject to arrest.
Signature ___________________________________________
YOUR SIGNATURE IS NOT AN ADMISSION OF GUILT.
(h) When any law enforcement officer issues a summons and
promise to appear, he shall:
(1) promptly file the summons and promise to appear and the
certificate of service with the court designated in the summons
and promise to appear; and
(2) provide the prosecuting attorney with a copy thereof.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982,
P.L.204, SEC.9; P.L.320-1983, SEC.5; P.L.2-2005, SEC.116.
Last modified: May 24, 2006