Alias Citation Law and Legal Definition
Alias citation is a citation that is issued after the original citation.
Citation is a writ issued by the court that commands a person to appear at a certain time and place to do something demanded in the writ or to show cause for not doing so. When a party to whom a citation has been awarded fails or is unable to serve the citation and petition within the time provided by law, an alias citation may be requested from the Judge who issued the decree awarding said citation.
Usually the Citation is given a return date at the time the petition is presented. If service is not made, subsequent alias Citations can be issued until service is made. The alias citation and petition are to be served in the same manner as the original citation.
Example of a state statute on Citation procedure.
PA Philadelphia Cty. LR 3.5.B Citation Procedure
(1) When, pursuant to the procedure of Rule 1.2.A.(1), a decree awarding a citation has been signed, the Clerk shall prepare the citation and the appropriate number of duplicate copies, returnable on the date fixed in the decree, or if no return date is so fixed, as counsel directs. Counsel shall obtain the citation and copies from the Clerk and shall arrange for service of the copies of the citation and of the petition. Proof of service shall be by return of the sheriff, or by affidavit or the person mailing, publishing, or personally serving the citation, or by written acceptance of service by or on behalf of the person to whom the citation is directed.
(2) Except as pertaining to citations issued pursuant to (a) Chapter 55 of the Probate, Estates and Fiduciaries Code (20 Pa.C.S. § 5511) regarding alleged incapacitated persons and any rules pertaining thereto, and (b) Rule 12.3.B. pertaining to a petition by a surviving spouse to restrain the payment or transfer of property, the original citation with proof of service annexed or endorsed on a form printed on the reverse side shall be filed with the Clerk.
(3) When a person to whom the citation is directed has not filed an answer or preliminary objection, a motion for a default order may be presented to the Court without further notice.
(4) When a party to whom a citation has been awarded fails or is unable to serve the citation and petition within the time provided by law, an alias citation may be requested from the Judge who issued the decree awarding said citation. The alias citation and petition are to be served in the same manner as the original citation. If the party to whom an alias citation has been awarded fails or is unable to serve the alias citation within the time provided by law, a pluries citation may be requested from the Judge who issued the decree awarding said alias citation. The pluries citation and petition are to be served in the same manner as the original citation.
PA Lehigh Cty. Orph. LR 3.5-2. Alias and Pluries Citations
Whenever service cannot be made pursuant to Rule 3.5-1 (e.g., the party sought to be served cannot be found and has no known residence, is concealing his whereabouts or has refused to accept his mail) and such facts are stated in the return on oath or affirmation, by the party complaining or by someone competent to make such affidavit, the Court, upon petition reciting the prior proceedings in detail, listing the respondents upon whom service could not be made and setting forth convincing reasons for the failure or inability to effect service, may award an alias citation or pluries citation, returnable in like manner as the original citation. A decree awarding the alias citation or pluries citation may, in the Court's discretion, include an order for publication of the same at such place or places, at such times and for such length of time as the Court, having regard for all of the facts and circumstances, may deem necessary, or such other provision for service as the Court may direct.