Civil procedure
Summons
A summons is the court-issued document telling a defendant they have been sued and how long they have to respond.
The clerk issues it when the complaint is filed, and it travels with the complaint when the defendant is served. It names the court, the parties, and the plaintiff's lawyer, and it states plainly that failure to respond will result in judgment by default.
The docket usually shows the summons twice: once when it is issued and again when it is returned executed with proof of delivery, which is the entry that starts the defendant's response clock.
A summons returned unexecuted is worth noticing. It generally means the defendant could not be located, and a plaintiff who cannot cure that within the deadline risks dismissal of the case for failure to serve.
How it appears on a docket
SUMMONS ISSUED as to Acme Logistics, Inc. and Northline Freight LLC. (Attachments: # 1 Summons - Northline Freight LLC)
Governing rule
Fed. R. Civ. P. 4(a)-(b)
Related terms
- Service of Process — Service of process is formally delivering the summons and complaint to a defendant so the lawsuit can proceed against them.
- Complaint — A complaint is the document that starts a civil lawsuit, naming the parties, telling the court why it has jurisdiction, and laying out the claims.
More on civil procedure
See this term in a real case
Search federal court records and read the filings where summons actually shows up. New to federal dockets? Start with how to find a federal case.