77-7-20 - Service of citation on defendant -- Filing in court -- Contents of citations.
77-7-20. Service of citation on defendant -- Filing in court -- Contents of citations.
(1) If a citation is issued pursuant to Section 77-7-18, the peace officer or public officialshall issue one copy to the person cited and shall within five days file a duplicate copy with thecourt specified in the citation.
(2) Each copy of the citation issued under authority of this chapter shall contain:
(a) the name of the court before which the person is to appear;
(b) the name of the person cited;
(c) a brief description of the offense charged;
(d) the date, time and place at which the offense is alleged to have occurred;
(e) the date on which the citation was issued;
(f) the name of the peace officer or public official who issued the citation, and the nameof the arresting person if an arrest was made by a private party and the citation was issued in lieuof taking the arrested person before a magistrate;
(g) the time and date on or before and after which the person is to appear;
(h) the address of the court in which the person is to appear;
(i) a certification above the signature of the officer issuing the citation in substantially thefollowing language: "I certify that a copy of this citation or information (Summons andComplaint) was duly served upon the defendant according to law on the above date and I knowor believe and so allege that the above-named defendant did commit the offense herein set forthcontrary to law. I further certify that the court to which the defendant has been directed to appearis the proper court pursuant to Section 77-7-21."; and
(j) a notice containing substantially the following language:
This citation is not an information and will not be used as an information without yourconsent. If an information is filed you will be provided a copy by the court. You MUST appearin court on or before the time set in this citation. IF YOU FAIL TO APPEAR, THE COURTMAY ISSUE A WARRANT FOR YOUR ARREST.
Amended by Chapter 292, 2009 General Session