Also known as: summon · summoned · summoning · summonses · summoneas · summoner · summonitio · writ of summons
Written by attorneys · grounded in primary & secondary sources — see below
An official court document that directs a named person to appear before the court at a stated time and respond to a civil claim or criminal charge. The document commences the action against the recipient and supplies notice of the proceeding. Failure to respond may result in default or issuance of a warrant.
Solomon Silver filed a contract suit against Sapphire Holdings in federal court. His attorney mailed a written notice and request for waiver of service to the company's registered agent. Sapphire Holdings reviewed the request and executed the waiver to avoid the expense of formal service of the summons.
Sabrina Shah sued Stephen Shaw in state court. Shaw received the summons and complaint on March 1. He filed a notice of removal in federal court on March 25, within the thirty-day period measured from service of the summons.
A prosecutor asked the magistrate judge to issue process on a misdemeanor complaint against Simone Sanders. The judge found probable cause and issued a summons directing Sanders to appear rather than an arrest warrant.
Select any source to read its text and confirm it supports the definition.
Sofia Stern, a nonresident, was personally served with a summons and petition for child support while visiting State A. The state tribunal exercised personal jurisdiction over her under the uniform act because service occurred inside the state.
Sterling Dynamics and Sean Steele were named as co-defendants. Sterling received the summons on April 10. Steele was served on April 25. Steele filed his notice of removal on May 20, within thirty days of his own service.
A federal prosecutor obtained a summons for Sapphire Technologies on an organizational charge. A person authorized to serve civil summonses delivered the document to the company's agent, satisfying the criminal rule on who may serve process.
No. The thirty-day removal period begins only upon formal service of the summons and complaint, not upon informal receipt of a copy.
Yes. A defendant subject to service has a duty to avoid unnecessary expenses and may waive formal service when the plaintiff sends a proper written request.
Any person authorized to serve a summons in a federal civil action may serve a criminal summons. Only marshals or other authorized officers may execute an arrest warrant.
Each defendant receives a separate thirty-day window measured from the date that defendant receives the initial pleading or summons.
Yes. Under the Uniform Interstate Family Support Act, a tribunal may exercise personal jurisdiction over a nonresident who is personally served with a summons within the state.
…that their Secretary be permitted to give extracts from the executive journals, the request was denied. The applicants therefore summoned witnesses to attend court whose voluntary affidavits they could not obtain. Mr. Lee read the affidavit of Dennis Ramsay and the printed journals of the Senate of 31 January 1803 respecting…