Monition

The name of the process, in the nature of summons, corresponding to the writ at common law, and law, particularly the admiralty and the ecclesiastical courts. The monition, in American admiralty practice, is, in effect, a summons, citation, or notice; though in form a command to the marshal to cite and admonish the defendant to appear and answer, and not a summons addressed to the party.

2 Conkl. Adm. 2d ed. 147.

The monition is the common admiralty citation or summons, and is either general, special, or mixed. The general monition is a citation or summons to all persons interested, or, as is commonly said, to the whole world, to appear and show cause why the libel should not be sustained, and the prayer of relief granted. This is adopted in prize causes, admiralty suits for forfeitures, and other suits in rem, where no particular individuals are summoned to answer. In such cases the taking possession of the property libelled, and this general citation or monition, served in the manner directed by the rules of the court, are considered constructive notice to the world of the pendency of the suit. The monition is a warrant of the court, directed in the United States to the marshal or his deputy, commanding him, in the name of the president, to give public notice, by advertisements in such newspapers as the court may select, and by notifications 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. A brief statement of the allegations in the libel is usually contained in the monition. The monition is served in the manner directed in the warrant. A special monition is a similar warrant, directed to the marshal or his deputy, requiring him to give special notice to certain persons, named in the warrant, of the pendency of the suit, the grounds of it, and the time and place of trial. This is served by a delivery of a copy of the warrant, attested by the officer, to each one of the adverse parties, or by leaving the same at his usual place of residence; but personal service should be made if possible. Sometimes the monition is of a mixed character, and contains directions for a general monition to all persons interested, and a special summons to particular persons named in the warrant. This is usually served by newspaper advertisements, by notifications posted in public places, and by the delivery of a copy, attested by the ofilcer, to each person specially named, or by leaving it at his usual place of residence.

Dunlap, Adm. Prae. 132.