1. (1) When the complaint is for an offense that the magistrate is empowered to try summarily, the magistrate shall issue a summons instead of a warrant, unless she or he reasonably believes that the person against whom the complaint was made will not appear upon a summons, in which event the magistrate shall issue a warrant.
2. (2) When the complaint is for a misdemeanor that the magistrate is not empowered to try summarily, the magistrate shall issue a summons instead of a warrant if she or he reasonably believes that the person against whom the complaint was made will appear upon a summons.
3. (3) The summons shall set forth substantially the nature of the offense and shall command the person against whom the complaint was made to appear before the magistrate at a stated time and place.

History.--s. 9, ch. 19554, 1939; CGL 1940 Supp. 8663(9); s. 6, ch. 70-339; s. 1455, ch. 97-102.