What Are the Rules of Court for a Civil Summons?
- A summons is required when initiating a civil claim. It also is the means for alerting witnesses that their presence is required in court. A summons is not required when filing a counterclaim against the plaintiff. The courts issue default judgments in favor of the plaintiff when the defendant fails to appear at the date and time specified on the summons.
- A summons also is a way to inform both parties on the details of the court case. Federal and state laws require a summons to name the parties involved and the location of the court. They also must name the attorneys for both the plaintiff and defendant. The date and time of the appearance also is listed, along with the penalties for failing to appear on the date and at the time specified. The court clerk's signature appears on the summons along with the seal of the court issuing the summons.
- The summons is issued to the plaintiff in a civil case to be delivered to the defendant named on the summons. Copies are placed on public record and sent to the judge in the case. A summons is issued by the court clerk. A summons issued to a witness in the case also is issued by the court to the plaintiff or the defendant --- the party requiring the witness.
- It is the plaintiff's responsibility to deliver the summons to the defendant or to serve the defendant. The court rules state that the summons must be delivered within 14 to 30 days of the summons being issued. The time frame is dictated by the court and the state it is located in. People involved in or close to the case cannot deliver the summons, neither can minors under the age of 18. The most efficient method is delivery by the local sheriff's department or certified mail. (Check with your court clerk to determine if your state allows summons service by mail.)
- Once served, the summons recipient does not have to contact the court. Appearance on the specified date and time is the only requirement. The defendant can contact the court clerk with any questions, not the plaintiff's attorney or the plaintiff. Witnesses in the case can contact the court clerk in the event if for any reason they cannot attend court. Otherwise, the witnesses must appear at court on the appointed date and at the appointed time.