IC 35-33-4
    Chapter 4. Summons and Promise to Appear in Lieu of ArrestWarrant

IC 35-33-4-1
Summons in lieu of arrest warrant; contents; service; return;failure to appear; forms
    Sec. 1. (a) When an indictment or information is filed against aperson charging him with a misdemeanor, the court may, in lieu ofissuing an arrest warrant under IC 35-33-2, issue a summons. Thesummons must set forth substantially the nature of the offense, andcommand the accused person to appear before the court at a statedtime and place. However, the date set by the court must be at leastseven (7) days after the issuance of the summons. The summons maybe served in the same manner as the summons in a civil action.
    (b) If the person summoned fails, without good cause, to appearas commanded by the summons and the court has determined thatthere is probable cause to believe that a crime (other than failure toappear) has been committed, the court shall issue a warrant of arrest.
    (c) If after issuing a summons the court:
        (1) is satisfied that the person will not appear as commanded bythe summons; and
        (2) has determined that there is probable cause that a crime(other than failure to appear) has been committed;
it may at once issue a warrant of arrest.
    (d) The summons may be in substantially the following form:
STATE OF INDIANA    )    IN THE _______ COURT
        )
    vs.    )    OF __________ COUNTY
        )
__________________    )
Defendant    )    CAUSE NO. _________

SUMMONS


THE STATE OF INDIANA TO


THE ABOVE NAMED DEFENDANT:


YOU ARE HEREBY SUMMONED, to appear before the abovedesignated Court at ______, ______, ______ at _____ ___.m. on(day) ______, _____, 20___, with respect to an (information orindictment) for ____________.
    If you do not so appear, an application may be made for theIssuance of a Warrant for your arrest.
    ISSUED: __________ ___,
    20___
        in
    (City or County) _________, ______
    BY THE CLERK OF SAID COURT:
    _______________________________
    CLERK
    (e) When any law enforcement officer in the state serves asummons on a person, he shall file a return of service with the court

issuing the summons. The return shall be in substantially thefollowing form:

RETURN OF SERVICE


    I hereby certify that I served this summons upon the above nameddefendant by delivering a copy of it and of the Information to thedefendant personally or by certified mail return receipt requested, on______ _____, 20___, at ____, ________.
DATED:    ________ ___, 20___.
    (Signature) ____________________________

__________________________________


    LAW ENFORCEMENT AGENCY
    (f) In lieu of arresting a person who has allegedly committed amisdemeanor (other than a traffic misdemeanor) in his presence, alaw enforcement officer may issue a summons and promise toappear. The summons must set forth substantially the nature of theoffense and direct the person to appear before a court at a statedplace and time.
    (g) The summons and promise to appear may be in substantiallythe following form:
STATE OF INDIANA    )    IN THE ________ COURT
        )
    vs.    )    OF ___________ COUNTY
        )
____________________    )
Defendant        )

SUMMONS AND PROMISE TO APPEAR


    YOU ARE HEREBY SUMMONED, to appear before the abovedesignated Court at________________________________________
                                (Address)
at __________________________ ___ .m. on __________ _______,
    Month

Day


20___, in respect to the charge of _______________________
_______________________________________________________.
    If you do not so appear, an application may be made for theissuance of a warrant for your arrest.
    ISSUED:_______, 20 ____,
        in
    _____________, Indiana
    (City or County)
    BY THE UNDERSIGNED LAW
    ENFORCEMENT OFFICER:
    ___________________________
    Officer's Signature
    I.D. No. ________________
    Div. Dist. _______________
    Police Agency _____________

COURT APPEARANCE


    I promise to appear in court at the time and place designated above,or be subject to arrest.    Signature ___________________________________________
    YOUR SIGNATURE IS NOT AN ADMISSION OF GUILT.
    (h) When any law enforcement officer issues a summons andpromise to appear, he shall:
        (1) promptly file the summons and promise to appear and thecertificate of service with the court designated in the summonsand promise to appear; and
        (2) provide the prosecuting attorney with a copy thereof.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982,P.L.204, SEC.9; P.L.320-1983, SEC.5; P.L.2-2005, SEC.116.