Where use of a citation is authorized or required by statute, a citation may be issued by the court clerk on the application of any party, without a court order, except in cases where an order is expressly required by law.
Notices and CitationsCitations
Section § 1240
This law explains that if a citation is allowed or needed by law, the court clerk can issue it when a party requests it, without needing a judge's order, unless the law specifically says a court order is necessary.
citation court clerk party application
Section § 1241
This law section explains that a court citation must be addressed to the specific person being cited. It needs to be signed by the court clerk and must have the court's seal. The citation should include the proceeding's title, a brief description of what the proceeding is about, and instructions on when and where the person must appear.
The citation shall be directed to the person to be cited, signed by the court clerk, and issued under the seal of the court. The citation shall contain the title of the proceeding, a brief statement of the nature of the proceeding, and a direction that the person cited appear at a time and place specified.
court citation person cited court clerk signature
Section § 1242
In California, if a citation is issued, it must be delivered to the person in a specific way according to another set of rules (starting with Section 413.10). Typically, this citation has to be served at least five days before the date it's supposed to be returned, unless another law says differently.
The citation shall be served on the person cited in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. Except as otherwise provided by statute, the citation shall be served at least five days before its return day.
citation service California citation return day
