Also known as: citations · citational · cite
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A writ or order issued by a court or law enforcement directing a person to appear at a designated time and place to respond to a charge or claim. The document notifies the recipient of pending proceedings and compels attendance under penalty of default or arrest. Failure to respond may trigger additional coercive measures such as a bench warrant.
A writ or order issued by a court or law enforcement directing a person to appear at a designated time and place to respond to a charge or claim. The document notifies the recipient of pending proceedings and compels attendance under penalty of default or arrest. Failure to respond may trigger additional coercive measures such as a bench warrant.
Cascade Manufacturing sold its equipment at a foreclosure auction to Cobalt Energy. The secured party had properly noticed the sale under Article 9. Cobalt Energy took the equipment free of a junior lien held by Crestview Holdings after the court issued a citation compelling Crestview to appear and show cause why its interest should survive.
A reference identifying a legal authority such as a case, statute, or treatise that supports or contradicts a proposition. The reference includes volume, reporter or code, and pinpoint page or section numbers. Courts and advocates rely on such references to establish precedent or statutory text.
Central Hanover Bank published notice of a trust-accounting proceeding in a local newspaper. Beneficiaries who did not receive actual notice challenged the settlement. Counsel cited Mullane to argue that publication alone failed to satisfy due-process requirements for known beneficiaries.
A reference identifying a legal authority such as a case, statute, or treatise that supports or contradicts a proposition. The reference includes volume, reporter or code, and pinpoint page or section numbers. Courts and advocates rely on such references to establish precedent or statutory text.
Each sense below has its own examples, sources, and questions.
Camila Cervantes and Cade Carpenter ended their cohabitation after three years. Camila sued for breach of their oral agreement six months later. The court issued a citation directing Cade to appear and answer, confirming the claim accrued on the date of breach under the applicable limitations period.
Charles Cunningham was personally handed a citation while visiting State A. The citation notified him of a pending child-support proceeding. Because service occurred inside the state, the tribunal acquired personal jurisdiction over the nonresident under the long-arm statute.
Christine Castro filed a parentage action in State B against Cody Callahan, a nonresident. The court issued a citation to Cody under the state's Uniform Interstate Family Support Act section 201. Lack of jurisdiction over one party did not prevent adjudication binding on the other.
A citation is typically a police-issued order to appear for a minor offense such as a traffic violation. A summons is a court-issued document that commands appearance in a civil or criminal case and is usually served with a complaint. Both compel attendance but originate from different authorities.
An error or omission in the citation is not grounds for dismissal or reversal unless the defendant was misled and prejudiced. The indictment must still contain a plain statement of the essential facts constituting the offense.
Personal service of the citation within the state satisfies the first basis for jurisdiction over a nonresident under the Uniform Interstate Family Support Act. Other bases include consent, residence with the child, or direction of the child-support obligation to a resident.
African-American students in Topeka sought admission to neighborhood schools. The district court upheld segregation under the separate-but-equal doctrine. Counsel cited Brown to argue that separate educational facilities are inherently unequal.
A citation identifies the volume, reporter, and page of a case or the section of a statute so that a reader can locate the authority. Parallel citations list the same case in multiple reporters when required by local rules.
…asserted to justify their abridgment." Poe v. Ullman , 367 U. S. 497, 543 (opinion dissenting from dismissal of appeal) (citations omitted). In the words of Mr. Justice Frankfurter, "Great concepts like . . . liberty' . . . were purposely left to gather meaning from experience. For they relate to the whole domain of…