What is a Court Notice to Appear?
In legal terms, a court notice to appear is a subpoena or summons letter that tells a defendant that a complaint has been filed against him and that he must appear in court on a certain date. If the defendant fails to appear, a default judgment could be issued against him. The court notice to appear has some very specific components to them.
First, the document must state that a complaint has been filed against the named defendant and provide a reference number that can be used to identify the case. The plaintiff must notify the defendant or the plaintiff’s agent of his complaint and the requirement to appear in court.
The notice will often state or have attached a copy of the complaint itself. This provides the defendant with the required documents that state the nature of the charges being leveled against him. This part is usually what we think of as the "complaint."
Finally, the notice will state the date and time of the actual court appearance by that defendant. It’s important for the defendant to take care and keep track of this notice so that he does not miss the court date or fail to respond to the court. A court notice is very important for because it is sent to the defendant by the court.
Often , when someone files for a divorce, they use a process that allows them to serve the other party for divorce through the mail. This will save them money, as hiring a process server can be much more expensive than mailing a letter. However, even if you do serve by mail, the court has to have a copy of the notice so that the divorce process can progress.
A court notice is different than a subpoena. A subpoena requires the recipient to appear in front of the judge on a certain date and time to give testimony. These subpoenas will include directions on where to appear, whether or not to bring evidence, and what sorts of evidence are mandatory or optional.
A court notice is primarily telling the recipient that a complaint has been filed. A subpoena is denying the individual the choice of whether or not to appear; however, the subpoena itself is not saying that a complaint has been filed or what the nature of the complaint is.
Reasons for Receiving a Notice to Appear in Court
Individuals may receive a notice to appear in court for a number of reasons ranging from parking tickets and false alarms to criminal charges and civil disputes. Such notices may be sent to those accused of traffic violations, such as a DUI or careless driving. They must be responded to in a timely manner, or the driver risks the possibility of becoming a fugitive by not appearing in court. Afterwards, a judge may issue a bench warrant for the arrest of such individuals if they forgo their court appearance. Another reason why individuals receive a notice to appear in a municipal court is because of an alleged violation of a local ordinance. These ordinances can involve either criminal or civil matters, but many people are surprised to discover that some municipalities treat violations of certain local ordinances as criminal offenses. This is particularly true of repeated false alarm calls to police and fire departments. In New Jersey for example, the second false alarm within a 30 day period is considered a petty disorderly persons offense. A third false alarm carries with it a potential six-month jail sentence and a fine of $1,000. The development of this offense stems from the fact that police and fire departments must respond to each reported alarm, and each response impedes their ability to address other calls for assistance. In some cases, individuals may receive a notice to appear in court as the result of a lawsuit. Civil suits usually involve money damages and/or injunctions; for instance, the owner of a restaurant may file suit in order to prevent the restaurant’s closure until the entry of a final judgment. Civil injunctions, or restraining orders, are sometimes issued in the face of ongoing domestic violence. Criminal matters are another common reason for a court appearance. In these instances, a notice to appear is issued in lieu of an arrest. For example, a notice to appear may be sent to a person who has been accused of shoplifting. Such persons must respond to the court designated on the notice within 30 days. Failure to do so will result in the issuance of a bench warrant, resulting in a more serious criminal offense.
What the Notice Contains
Typically, the notice to appear in court will contain the date, time, and exact location of the court appearance as well as the reason for the appearance. Other information may be included as well, such as the case number if one exists. It is important for the individual receiving the notice to be familiar with this information so that they can remember to make an appearance in court. In certain cases, a notice is not a requirement and that could mean that the accused may be arrested anytime, at any location (perhaps while driving in their car like common DUI arrest cases) or even at their home by a police officer.
A notice when properly prepared will also indicate the possible consequences of not appearing for court. For example, the notice might indicate that a warrant and/or an arrest could be issued by the judge or magistrate should the person fail to appear. Failing to appear for court is something that a prosecutor may seek to punish.
Consequences of Not Answering the Notice
If you do not respond to a notice to appear in court, you will placed in the court system for that matter. This can be the most severe legal consequence to failing to file an answer to a lawsuit. If you are being taken to court for any reason, it is your choice whether to respond or not, but you should always respond. If you don’t, it is a statement to the court that you are choosing not to protect yourself in the eyes of the court.
In New Jersey, when a defendant fails to respond to a complaint , they can be found in contempt of court. An example of this can be found in a case from 2010 called MacKenzie v. Maxey. The defendant failed to file an answer to the complaint of the case. The plaintiff then tried to sue the defendant for contempt of an agreement they had to settle the issues and prevent the case from going to trial. The court found that the defendant was not in contempt of the agreement because he did not see its entry, and therefore had not had proper notice of what was expected of him.
Fines and jail time are also options for the court if you decide to ignore a notice to appear in court. Depending on the issues at hand, the court may choose to punish you and fine you. If you ignore the notice multiple times, the court may even issue an arrest warrant and police may come to your house if you continue to ignore the court system.
How to Respond to a Notice to Appear in Court
The first step after receiving a notice to appear is filling out the sections detailing your personal information (name, address, name under which the notice was sent, and date of birth) and the information of all other parties appearing in the Notice. If you are only appearing as a witness to testify, you need not fill out the entire form for yourself.
Next, write in your response to the charge(s) made in the Notice. You must explain why you failed to comply with the law, settle the matter out of court, or appear at the time and place designated by the court. If you received your Notice because of a traffic violation, also include information about your driving habits and any positive changes you might have made that revoked your license. After providing your explanation, ask the judge to waive or reduce your civil judgment, or to give you an extension of time to come into compliance.
After completing your response and including any relevant medical documentation, sign the response and make sure to have it notarized. You can either file the response yourself or hire an attorney to file it for you. It is critical to file the response before the deadline; otherwise, you run the risk of suffering severe consequences such as a license suspension, additional fines and surcharges, and further legal issues.
Legal Support and Resources
If you have been served with a notice to appear in a lawsuit, it is important to understand the implications of the lawsuit as well as your options for addressing it. While you may be able to handle the paperwork on your own and draft the complaint without legal assistance, doing so may be time-consuming, and you might not know what to include in the complaint and the answer. You can obtain legal assistance from a private attorney, a legal aid society or a self-help center.
A private attorney can provide assistance with every aspect of a lawsuit. You can hire an attorney to handle the entirety of the lawsuit from beginning to end, or you can ask your attorney to handle a specific portion of the case. For example, if you have received a notice of motion, you might ask your attorney to represent you at the hearing on your motion only. If you have received a small claims court application , you might ask your lawyer to help you file your application and to handle your small claims court case. The lawyer will likely indenture the retainer agreement that sets out the scope of representation and the anticipated cost.
Legal aid societies offer free or low-cost services to individuals who have low incomes. They provide help with the completion of paperwork, legal advice and other legal assistance. You can also receive referrals to other legal aid societies from your local legal aid society.
Self-help centers are located in courthouses in every county. They offer assistance with research to locate law books on the topics that might apply to your case, and they can arrange to assist you with locating information that is related to the laws that might apply. They might also offer some types of free legal assistance.