Written by attorneys · grounded in primary & secondary sources — see below
A formal notice or summons issued by a court directing a party to appear or take specified action in a legal proceeding. It triggers deadlines for response or removal and satisfies due process requirements when properly served.
Sources & Authorities
How it applies
Common Examples
6
Waiver Request to Corporation
Metro Bank received a written notice from plaintiff Michael Miller stating that a federal action had been filed and requesting waiver of formal summons service. The bank ignored the notice and incurred costs for personal service. The court later shifted those costs to the bank under the duty to avoid unnecessary expenses.
Removal Clock After Service
Momentum Capital was served with a state-court complaint on March 1. Its counsel filed a notice of removal in federal court on April 5. The district court remanded the case because the thirty-day period measured from receipt of the initial pleading had expired.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Restatements
Dictionaries
After reviewing affidavits attached to a criminal complaint, the magistrate judge issued a summons rather than an arrest warrant for Marcus Mitchell at the government's request. Mitchell appeared as directed. The court later issued a warrant only after he failed to appear at the next hearing.
Personal Service in Support Action
Megan Moore, a nonresident, was personally handed a citation for child-support enforcement while visiting State A. The state tribunal exercised personal jurisdiction over her under the uniform act because the service occurred inside the state.
Later-Served Defendant Removal
Malcolm McKinley was served with the complaint on June 10 while his co-defendant had been served two weeks earlier. McKinley filed a notice of removal within thirty days of his own service date. The earlier-served defendant consented, preserving the removal.
Authorized Service of Summons
A private process server authorized under civil rules delivered the criminal summons to Maurice Marshall at his residence. The marshal had declined the assignment, but the civil-process server completed service validly under the criminal rule.
Common questions
Frequently Asked
4
What starts the thirty-day removal clock under section 1446?+
Formal service of the summons and complaint on the defendant starts the clock. Mere receipt of a courtesy copy does not trigger the period.
Supporting sources
May a later-served defendant remove even if an earlier defendant did not?+
Yes. Each defendant has its own thirty-day window measured from its own service, and earlier defendants may later consent.
Supporting sources
When does a court issue a summons instead of an arrest warrant in a criminal case?+
A judge issues a summons at the government's request when the complaint establishes probable cause. A warrant issues if the defendant fails to appear.
Supporting sources
Does personal service inside the state confer jurisdiction in a UIFSA support proceeding?+
Yes. Personal service of the citation or summons within the state satisfies the statutory basis for personal jurisdiction over a nonresident.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
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