The Legal Meaning of Monition

In those courts that employ the civil law procedure (such as the court of admiralty, whose proceedings are governed by the requirements of the acts of Congress.

MONITION

It is a process in the form of a summons in those courts that employ the civil law process (like the court of admiralty, whose proceedings are, under the requirements of the acts of congress, to be according to the course of the civil law), and it is either general, special, or mixed.

General Advice

The universal monition is a citation or summons to all people involved, or, as it is generally called, to the whole globe, to attend and show cause why the libel filed in the action should not be supported, and the petition for relief should be granted. When no specific persons are asked to respond, this is used in prize cases, admiralty claims for forfeitures, and other suits in rem. In such cases, the taking possession of the libelled property, as well as this general citation or nomination, served in accordance with the law, are deemed constructive notice to the world of the pendency of the suit, and the judgement rendered thereon is conclusive upon the title of the property which may be affected.

In its most basic form, the monition is a court warrant directed to the marshal or his deputy in an admiralty case, commanding him in the name of the president of the United States to give public notice, by advertisements in such newspapers as the court may select, and by notification to be posted in public places, that a libel has been filed in a certain admiralty cause pending, and of the time and place appointed for the trial. The monition normally includes a concise summary of the libel’s claims. The monition is served in accordance with the terms of the warrant.

Monition Exceptional

A special monition is a similar warrant addressed to the marshal or his deputy, ordering him to provide specific notice to specified people mentioned in the warrant of the suit’s pendency, reasons, and time and place of trial. It is served by delivering a copy of the warrant, certified by the officer, to each of the opposing parties, or by leaving it at his customary place of abode; however, personal service is preferred.

Mixed Emotions

A mixed summons is one that includes instructions for both a broad summons to all people interested and a special summons to specific individuals mentioned in the warrant. This is accomplished by newspaper ads, public notices, and the delivery of a copy confirmed by the officer to each individual specifically listed, or by leaving it at his customary place of abode.