Maxim 8.5.19
Summonses or citations should not be granted before it is expressed on what ground they ought to be issued.
Source: 12 Coke, 47; Weisman, 65i
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) No summons or citation should issue without a stated ground — the court must know the basis of the claim before compelling a party to appear.
Where this applies
- A judge refuses to issue a summons for a lawsuit that does not state what the defendant allegedly did wrong.
- A court rejects a citation because the complaint fails to specify the legal basis for the claim — you cannot drag someone into court without saying why.
- A subpoena is quashed because the requesting party never explained the grounds justifying the compelled appearance.
Legal domains
Cite this maxim
NeCede Max. 8.5.19 — Summonses or citations should not be granted before it is expressed on what ground they ought to be issued. — 12 Coke, 47; Weisman, 65i
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