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Utah Code of Criminal Procedure | |
Arrest, by Whom, and How Made | |
Section 20 | Service of citation on defendant -- Filing in court -- Contents of citations. |
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77-7-20. Service of citation on defendant -- Filing in court -- Contents of citations. (1) If a citation is issued pursuant to Section 77-7-18, the peace officer or public official shall issue one copy to the person cited and shall within five days file a duplicate copy with the court specified in the citation. (2) Each copy of the citation issued under authority of this chapter shall contain: (a) the name of the court before which the person is to appear; (b) the name of the person cited; (c) a brief description of the offense charged; (d) the date, time and place at which the offense is alleged to have occurred; (e) the date on which the citation was issued; (f) the name of the peace officer or public official who issued the citation, and the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the arrested person before a magistrate; (g) the time and date on or before and after which the person is to appear; (h) the address of the court in which the person is to appear; (i) a certification above the signature of the officer issuing the citation in substantially the following language: "I certify that a copy of this citation or information (Summons and Complaint) was duly served upon the defendant according to law on the above date and I know or believe and so allege that the above-named defendant did commit the offense herein set forth contrary to law. I further certify that the court to which the defendant has been directed to appear is the proper court pursuant to Section 77-7-21."; and (j) a notice containing substantially the following language: This citation is not an information and will not be used as an information without your consent. If an information is filed you will be provided a copy by the court. You MUST appear in court on or before the time set in this citation. IF YOU FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
Amended by Chapter 292, 2009 General Session |
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