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NeCede's

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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