Q: what happens when someone is cited to court and they do not show up? for probate case 850 and 859 hearing
A:
The procedure for obtaining a proper citation is detailed in Probate Code sections 1240-1242. The consequence for violating a court order includes a bench warrant to secure the appearance of the person properly cited. PC 1240-1242 reads as follows:
1240. 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.)
1241. The citation shall be directed to the person to be cited, signed by the court clerk, and issued under the seal of the court. The citation shall contain the title of the proceeding, a brief statement of the nature of the proceeding, and a direction that the person cited appear at a time and place specified.
(Enacted by Stats. 1990, Ch. 79.)
1242. The citation shall be served on the person cited in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. Except as otherwise provided by statute, the citation shall be served at least five days before its return day.
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