CITATION, the act of calling a party into court to answer to an action, to give evi dence, or to perform some other judicial act. Being derived from the civil law, the term C. is known in England chiefly or exclusively in the ecclesiastical courts. But it is in frequent use in the legal systems both of France and Scotland. In Scotland, a C. is done iu the court of session by an officer of court, or by a messenger-at-arms (q.v.), under authority either of a summons passing the signet (q.v.), or under a warrant by the court. In inferior courts, no summons, complaint, or decree is now validly served by affixing it to the door of the house, except where the defender has left, and his address is unknown; and no witness is necessary to the service except in poinding, sequestrating, or charging (34 and 35 Vict. c. 42).
Where the party, though amenable to the court, is not resident in Scotland, he must be cited edictally, by a copy of the C. being left at the office of the keeper of edictal cita tions (see EDICTAL CITATION), by whom lists of such citations are printed and published. Formerly, this C. was effected by a proclamation at the market-cross of Edinburgh, and the pier and shore of Leith.
In criminal cases, the party cannot appear voluntarily in court: he must be cited, and can plead any omission in form, which cannot be obviated even by consent. This form of C. is regulated by 9 Geo. IV. c. 29, commonly called sir William Rae's act. A full and correct copy of the libel, or charge against him, must be served on the panel, or accused, with a list of witnesses, and of the assize, or jury. A notice, intimating the day of corn pearance. must be marked on the copy of the libeL•and subscribed by the officer and a witness. This C. must proceed on a warrant issuing from the court before which the accused is to be tried. It may be executed either by a mater (q.v.), a messen ger-at-arms (q.v.), or a sheriff-officer (q.v.) of the county within which the C. is made (11 and 12 Vict. c. 79, s. 6). If the panel can be found personally, the C. must be delivered to him, but If not, it must be left at his dwelling-place with his wife or servants; or if access cannot be obtained, the &leer must affix a copy to the principal door of the house (1555, c. 33).