CITATION (ML. eitatio, from bat. ritare, to call). A mandate of a court of competent juris diction, commanding the person or persons named therein to appear in that court for some purpose specified briefly in the citation.
it was originally the process by which a suit was begun in the English ecclesiastical courts, which formerly had jurisdiction over orphans, decedents' estates, and divorce proceedings.
In the United states the term is most fre quently used to designate the process of surro gates', orphans', probate, and admiralty courts, commanding persons interested in a proceeding in such court to appear and show cause or reasons. if they have any, why the relief demanded by the party bringing. the proceeding should not be granted. or for the purpose of receiving instruc tions, to make an explanation. or to show cause why they should not be punished for disobedience of sonic order, rule, or decree of the court.
The failure to obey a personal citation—that is, one for instructions or discipline—may render a party guilty of contempt of court; but if it is merely formal, notifying a party to appear and protect any interest he may have in a certain proceeding, appearance is nut insisted upon, and the party merely waives any right to object to the proceedings by failure to appear.
In Scotch practice, the act of an officer in sum moning a party to an action under a proper war rant is called citat ion. The term is also em ployed in the civil law.
The word 'citation' is also used in law in the sense of the naming of an authority; as. the citation of a reported case in a legal text-book.
See SUMMONS; SURPCENA; PROCEDURE.