What Is a Summons And What To Do?

What is a Summons in Court?

A Legal Summons, Defined – A summons is a document served to a person in civil procedures. Usually, a summons notifies the person of a legal action they are involved with, either directly or indirectly. For example, a summons can inform the individual that they must appear in a superior court. A summons also provides information regarding the issue that is being examined.

A summons comes from an issuing court and is served on the party through a process server or certified mail using officially sanctioned notification procedures. If the individual fails to respond to the summons, a judgment can be made by the court in default.

A summons is integral to our country’s legal and justice systems. Here, we will delve a bit deeper into this important concept.

A Civil Summons in a Court Case

In a court case, a civil summons provides certified, authorized notice that a plaintiff has filed an action against a defendant. The summons also states that the defendant must proceed somewhere or do something to respond. The summons is usually not the first but the second step in this legal process. The first is when the lawyer files the plaintiff’s complaint.

What does a Civil Summons in a Court Case Contain?

When a defendant receives the civil summons, it contains, but is not limited to:

• Valuable information about the lawsuit itself
• Important information about claim jurisdiction
• Information about the parties involved
• Process requirements
• Timing of the court appearance
• Other pertinent information relevant to the specific case

The defendant must follow the strict rules outlawed in the summons. The plaintiff, too, must deliver and prepare the notice correctly according to the law. A licensed attorney can help design and deliver a summons. An attorney can prove to be a valuable resource at this point, both for the plaintiff and the defendant.

If the plaintiff does not act lawfully when putting together and processing the summons and delivering it, the summons will be ineffective. In this case, the defendant may not necessarily have to respond to the plaintiff or even visit the court, depending on the claim and the lawsuit’s jurisdiction.

What is the Main Difference Between a Summons and a Complaint?

Many people confuse a summons with a complaint, but they are different. A complaint includes a summary of the facts and a requested recovery or grounds for recovery from the offense. A complaint is also usually penned by a licensed attorney. On the other hand, a summons accomplishes one main thing: it places the defendant, the party served, or another individual on notice of the legal action that is now proceeding.

What do State and Federal Rules Dictate that a Summons Should Include?

There is a legal precedent, based in court, that tells us what to include when a summons is served to a new defendant or another unique party. For those issuing the summons: failing to include these items in the summons can quickly render the summons obsolete. This failure can also mean that the defendant will not have to appear in court in response to the summons.

A summons must include:

• A specific date to return to court
• A subpoena
• The court order, if it exists
• The proper jurisdiction
• The name of the defendant or individual being served by the summons
• A copy of the complaint
• The date to appear in or respond to the court
• The penalty should the defendant not comply
• The documents, legal or otherwise, that the defendant, individual, or party being sued should bring or provide to the court

If the Individual is the Defendant

As the party is being served, awareness is critical. When the summons is served to an individual or their lawyer, the individual must respond. Regardless of whether it is a civil matter or a criminal matter, the individual must respond promptly. If they do not, the judge can decide on the issue and, in most cases, even request action. Depending on the party sued and the jurisdiction, this action can originate from the court’s clerk or the judge. The action can request monetary damages, an injunction, or possibly another penalty.

Defendants and their lawyers should cautiously go over the subpoena, complaint, summons, and all of the accompanying information as soon as it is received. Then, if the party has any questions, they should contact a professional attorney.

Whom Are Summons and Subpoenas Served to?

When a summon is issued, the other involved party is served with complaints, subpoenas, court summons, and various additional documents. If an individual is served with these official documents, they become a defendant by law. Sometimes, court witnesses or people related to the defendant become involved and are also served with a summons and subpoena to court.

When an individual receives a summons, they should take careful note of the date and time when they are supposed to appear in court so as not to miss it.

How is a Summons Sent to a Defendant or Party?

Depending on the jurisdiction, the court will possess and enforce strict regulations regarding how a court summons is served. The court will often allow this to be accomplished through an independent process server. Other parties that can serve the summons are local sheriffs or law enforcement individuals, and some parties even are approved to use US-certified mail. Whether a civil case, a minor issue, or a criminal case consisting of a major offense, the point is to deliver the summons to the individual safely.

If a summons is served improperly, even if it is a legitimate issue, action, or complaint, it can be dismissed. It is helpful to check in with the county regarding the need for an example statement or note.

Serving the Summons: Additional Regulations

Additional rules for a summon can include the return date, the service date, what must be included in the response, and more. These rules vary depending on the state and county where the individual lives.

If the target of the summons is a company, things proceed differently. The jurisdictions differ regarding who is served with the subpoena, what the party needs to provide to the company in the complaint, and what the party is meant to provide after the summons.

In some cases, the website of the filing clerk will offer examples of what to do. Individuals should understand how the matter is treated in their local courts and ensure that the summons is adequately served.

Getting Served with a Summons in Superior Court

Getting served with a summons in Superior Court or another court often has powerful implications. When individuals receive a subpoena or summons, they must follow the instructions established in either document. Both documents come from the court, and a failure to follow the included instructions can translate to legal action being taken, a fine against the individual, or both.

If an individual is served a summons, they automatically become a defendant. This is because a summons is a certified notice of legal action. The document will include instructions regarding what they need to do next, and the party must follow the instructions accurately.

If the individual decides to do nothing, the court is free to make their judgment against them or their party or entity. However, a lack of action can mean that the individual cannot weigh in regarding their case, and the outcome is therefore out of their hands. Thus when an individual is issued a summons, they need to act and respond in a timely manner.

Getting Served a Subpoena

A subpoena is an official mandate from the court. It will usually instruct the individual to provide specific information to the court, show up in a physical place, or both. Whatever the document stipulates, a timely and well-thought-out response is essential.

When individuals decide not to supply the requested information or not to appear in court, the court will typically act. Individuals, parties, or companies can be cited with contempt of court. This negative action can lead to paying fines, dealing with penalties, or even serving time in jail. Deciding not to act in response to a subpoena or summons opens individuals to penalties and cedes all power to the plaintiff.

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