§ 1240 Clerk Issuance Of Citation

This law says that when a law allows a citation, the court clerk can give out that citation if anyone asks, without needing a judge’s order, unless the law specifically says an order is required.

Key Takeaways

•If a citation is allowed by law, the clerk can issue it on anyone’s request.
•No judge’s order is needed to get the citation.
•If a specific law says a judge’s order is required, then you must get that order first.

Example

A neighbor gets a noise complaint and asks the clerk to issue a citation to the noisy party.

Because the law says a citation is allowed, the clerk can hand out the citation right away without a judge’s order, unless another law says a judge’s order is needed first.

Where use of a citation is authorized or required by statute, a citation may be issued by the court clerk on the application of any party, without a court order, except in cases where an order is expressly required by law. (Enacted by Stats. 1990, Ch. 79.)

This law says that when a law allows a citation, the court clerk can give out that citation if anyone asks, without needing a judge’s order, unless the law specifically says an order is required.

Key Takeaways

•If a citation is allowed by law, the clerk can issue it on anyone’s request.
•No judge’s order is needed to get the citation.
•If a specific law says a judge’s order is required, then you must get that order first.

Example

A neighbor gets a noise complaint and asks the clerk to issue a citation to the noisy party.

Because the law says a citation is allowed, the clerk can hand out the citation right away without a judge’s order, unless another law says a judge’s order is needed first.

Key Takeaways

Example

Key Terms

References

§ 1240 Clerk Issuance Of Citation

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References