A summons may only be issued under certain conditions, namely when:
- the appearance of the person is necessary
- the person to be summoned has their place of residence within the jurisdiction of the authority
The appearance is necessary if the purpose cannot be achieved in any other way – however, there must already be a pending procedure. With regard to residence, mere domicile is sufficient to establish a presumption. The requirement of residence only applies before administrative authorities, not before administrative courts – the latter may summon even if the residence is outside their jurisdiction.
In any case, the summons must include:
- place, time, and subject matter of the official act;
- capacity in which the person is to appear before the authority (e.g., party, witness);
- which aids and evidence are to be brought along;
- whether the summoned person must appear in person or if sending a representative is sufficient;
- what consequences are attached to a failure to attend.
However, these requirements can be expanded by special provisions.
