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Guilherme Mazui

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What is the Difference Between Summons and Warrant?

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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.

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  • What 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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    Guilherme Mazui

    Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.