2006 Indiana Code - CHAPTER 4. SUMMONS AND PROMISE TO APPEAR IN LIEU OF ARREST WARRANT
IC 35-33-4Chapter 4. Summons and Promise to Appear in Lieu of Arrest Warrant
IC 35-33-4-1
Summons in lieu of arrest warrant; contents; service; return;
failure to appear; forms
35-33-4-1 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