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. me (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. _________ SUMMONSTHE STATE OF INDIANA TOTHE 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 SERVICEI 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 ereby 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 designated Court at ________________________________ (Address) at _______________ .m. on ___________________________, Month Day 20___, in respect to the charge of _______________________ re the above designated Court at ________________________________ (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. ppear 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.
Indiana Legal Code