summons


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Summons

The paper that tells a defendant that he or she is being sued and asserts the power of the court to hear and determine the case. A form of legal process that commands the defendant to appear before the court on a specific day and to answer the complaint made by the plaintiff.

The summons is the document that officially starts a lawsuit. It must be in a form prescribed by the law governing procedure in the court involved, and it must be properly served on, or delivered to, the defendant. If the prescribed formalities are not observed, the court lacks authority to hear the dispute.

In the federal district courts, the summons is prepared by the attorney for the plaintiff and given to the clerk of the court where the case will be heard. When the plaintiff's complaint, setting out his claim, is filed with the court, the clerk signs the summons and gives it and a copy of the complaint to a U.S. marshal or to someone else appointed to serve the papers. Once the summons and complaint are served on the defendant, she must respond to them within twenty days or whatever other time the court allows.

Some states follow this same procedure, but other states allow service of the summons and complaint by delivery directly to the defendant. In those states, the lawsuit is considered begun as soon as the defendant receives the papers, even though nothing has yet been filed with a court. Actions commenced in this way are sometimes called "hip pocket" suits.

Cross-references

Service of Process.

summons

n. a document issued by the court at the time a lawsuit is filed, stating the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions as to the need to file a response to the complaint within a certain time (such as 30 days after service), usually with a form on the back on which information of service of summons and complaint is to be filled out and signed by the process server. A copy of the summons must be served on each defendant at the same time as the complaint to start the time running for the defendant to answer. Certain writs and orders to show cause are served instead of a summons since they contain the same information along with special orders of the court. After service to the defendants, the original summons, along with the "return of service" proving the summons and complaint were served, is filed with the court to show that each defendant was served. A summons differs from a subpena, which is an order to witnesses to appear. (See: service, service of process, complaint, order to show cause, writ)

summons

noun authoritative citation to appear beeore a court, authoritative command, bid, calling to court, citation, command to appear, commandment, direction, legal process, mandate, notification to appear, official call, official court order, official notice, official order, order to appear, request to appear, writ, written notification to appear in court
See also: accusation, charge, command, direction, invitation, monition, order, subpoena, venire, warrant

summons

an official order requiring a person to attend court, either to answer a charge or to give evidence, or the writ making such an order.

SUMMONS, practice. The name of a writ commanding the sheriff, or other authorized officer, to notify a party to appear in court to answer a complaint made against him and in the said writ specified, on a day therein mentioned. 21 Vin. Ab. 42 2 Sell. Pr. 356; 3 Bl. Com. 279.

References in periodicals archive ?
Miss Dolo earlier denied being served summons as mentioned by the court in its contempt writ issued on Tuesday.
However, Appeal Court spokesman Touch Tharith insisted that the court had issued a summons for Raiya and Neakpaon according to the procedure.
Israeli police summoned two days ago 4-year-old Mohammad Ilian and yesterday summoned 6-year-old Qais Obeid, both from Issawiyeh neighborhood in occupied East Jerusalem, for interrogation on claim the former threw a stone and the second a beverage at a police vehicle in the neighborhood.
'Investigations showed one of the personnel had issued the orignal summons of running the red light against Ng but as Ng refused to accept it, the personnel proceeded to issue a second summons for his refusal to accept the first,' explained Hasron.
The firms' owners said they did not receive a summons and thus, the trial court did not acquire jurisdiction over them.
This follows the failure on the part of the bailiffs to reach Manasseh in person to serve him with the writ of summons on several occasions.
The magistrate said even if the summons were not served, Nguyo was still aware that he was required in court yesterday.
SRINAGAR -- A shutdown is being observed in Srinagar and the adjoining areas of Indian-occupied Kashmir (IOK) on Sunday to protest India's National Investigation Agency's (NIA) move to summon All Parties Hurriyat Conference (APHC) Chairman Mirwaiz Umar Farooq to New Delhi for questioning, Kashmir Media Service reported.
In an order made public on Tuesday, the Manila Regional Trial Court Branch 19 tasked the Department of Justice (DOJ) to issue a summons on Sison after the court accepted the amended petition to trim down from more than 600 to only eight the individuals with direct links to the CPP-NPA.
Senator Raza Rabbani said that according to rules, if NAB chairman summons any member, he would have to inform the Senate Chairman.
ISLAMABAD -- The Islamabad High Court (IHC) Thursday summoned the Secretary Ministry of Information, Broadcasting and National Heritage (IB and NH) in a case regarding ban on media coverage of an organization, Falah-e-Insaniyat.
ISLAMABAD: The Islamabad High Court (IHC) Thursday summoned the Ministry of Information, Broadcasting and National Heritage (IBandNH) secretary in a case pertaining to the ban on media coverage of activities of Falah-e-Insaniyat (FIF) ndash a charity organisation established by Jamatud Dawa (JuD).