Florida Process Server Practice Test

Who is authorized to issue a summons?

1. Governor

2. Clerk of justice or judge

3. Police officer

4. District attorney

The correct answer is: Clerk of justice or judge

The authority to issue a summons is typically vested in the clerk of the court or a judge. This process is crucial in the legal system, as a summons formally notifies an individual that they are being required to appear in court, either to respond to a lawsuit or in connection with criminal charges. The clerk of court manages administrative tasks within the court system, which includes the issuance of summonses, while judges have the authority to order the issuance of these documents based on legal proceedings. In contrast, the other options do not have the same legal standing or designated role in regards to issuing a summons. The governor, while a significant figure within the law, does not involve themselves in day-to-day legal processes such as summons issuance. Likewise, police officers may serve summonses but do not have the authority to issue them. The district attorney's role primarily revolves around prosecuting cases and representing the state in criminal matters, rather than issuing court documents. Thus, it affirms that the responsibility lies with the clerk of justice or a judge.