77-7-20. Service of citation on defendant -- Filing in court -- Electronic filing -- Contents of citations.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)Except as provided in Subsection

(4), a peace officer or other authorized official who issues a citation pursuant to Section 77-7-18 shall give the citation to the individual cited and shall, within five business days, electronically file the data from Subsections (2)(a) through (2)(h) with the court specified in the citation. The data transmission shall use the court's electronic filing interface. A nonconforming filing is not effective.

(2)The citation issued under authority of this chapter shall contain the following data:

(a)the name, address, and phone number of the court before which the individual is to appear;

(b)the name and date of birth of the individual 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 official who issued the citation, and the name of the arresting individual if a private party made the arrest and the citation was issued in lieu of taking the arrested individual before a magistrate;

(g)the time and date on or date range during which the individual is to appear or a statement that the court will notify the individual of the time to appear;

(h)whether the offense is a domestic violence offense;

(i)language informing the individual that the individual may be eligible for deferred prosecution under Section 77-2-4.2 , including a link to a website with information regarding deferred prosecution; and

(j)a notice containing substantially the following language:

READ CAREFULLY

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 or as directed by the court. IF YOU FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.

(3)By electronically filing the data with the court, the peace officer or official affirms to the court that:

(a)the citation or information, including the summons and complaint, was served upon the defendant in accordance with the law;

(b)the defendant committed the offense described in the served documents; and

(c)the court to which the defendant was directed to appear has jurisdiction over the offense charged.

(a)If a citing law enforcement officer is not reasonably able to access the efiling system, the citation need not be filed electronically if being filed with a justice court.

(b)The court may accept an electronic filing received after five business days if:

(i)the defendant consents to the filing; and

(ii)the court finds the interests of justice would be best served by accepting the filing.

Amended by Chapter 393 , 2023 General Session