Section 130.10. Summons; definition, function, form and content  


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  • 1. A summons is a process issued by a local criminal court directing a
      defendant  designated  in  an information, a prosecutor's information, a
      felony complaint or a misdemeanor complaint filed with such court, or by
      a superior court directing a defendant designated in an indictment filed
      with such court, to appear before it at  a  designated  future  time  in
      connection  with  such  accusatory  instrument.  The  sole function of a
      summons is to achieve a  defendant's  court  appearance  in  a  criminal
      action  for the purpose of arraignment upon the accusatory instrument by
      which such action was commenced.
        2.  A summons must be subscribed by the issuing judge and  must  state
      or  contain  (a)  the name of the issuing court, and (b) the name of the
      defendant to whom it is addressed, and (c)  the  name  or  title  of  an
      offense  charged  in  the  underlying accusatory instrument, and (d) the
      date of issuance of the summons, and (e) the date and time  when  it  is
      returnable,  and  (f)  a  direction that the defendant appear before the
      issuing court at such time.