What is the Difference Between Summons and Warrant?
🆚 Go to Comparative Table 🆚The main difference between a summons and a warrant lies in their purpose and its consequences:
- Summons:
- A summons is a court order requiring a person to appear in court or before a judicial officer at a specific time and date.
- It is typically used in civil cases or for minor criminal charges, and it does not require the person to do anything except go to court.
- If the person does not show up to court, the judge may issue an arrest warrant for their failure to appear.
- Non-compliance with a summons may result in a contempt of court charge.
- A summons is usually issued by a court clerk.
- Warrant:
- A warrant is a court order authorizing law enforcement to search a specific location or seize specific property.
- It is typically used in criminal cases, and it authorizes law enforcement to arrest the person named in the warrant.
- If the person does not respond to a warrant, they may be arrested and held in jail for up to 48 hours before being brought before the issuing court.
- Non-compliance with a warrant may result in a search or arrest by law enforcement.
- A warrant is usually issued by a judge or magistrate.
In summary, a summons is a court order requiring a person to appear in court, while a warrant is a court order authorizing law enforcement to conduct a specific action, such as search or arrest.
On this pageWhat is the Difference Between Summons and Warrant? Comparative Table: Summons vs Warrant
Comparative Table: Summons vs Warrant
Here is a table comparing the differences between a summons and a warrant:
Summons | Warrant |
---|---|
Issued by a court or government agency with the purpose of compelling a person to appear in court hearing or trial. | Issued by a judge or magistrate, requiring a police officer to perform a specific action, such as arresting or searching a person. |
Aims at notifying the person of the legal obligation to appear in court. | Issued with an objective of bringing the accused to court, who has not appeared despite being summoned. |
Typically includes information about the case, the court in which it is being heard, and the date and time of the hearing. | Requires a court hearing or probable cause showing before it can be issued, and must be executed and supervised by law enforcement. |
Can be issued by administrative agencies such as tax and regulatory agencies as well as courts. | Issued by a judicial officer such as a judge or magistrate. |
Failure to respond to a summons can result in a default judgment being entered against the person. |
In summary, a summons is a court order requiring a person to appear in court or before a judicial officer at a specified time and place, while a warrant is a legal document issued by a court or government agency that authorizes an individual, such as a police officer, to perform a specific action.
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