Also known as: summon to appear · summons · citation · notice to appear
Written by attorneys · grounded in primary & secondary sources — see below
A formal notice issued by a court that directs a named person to appear as a party in a pending action or proceeding. The notice identifies the court, the parties, and the time or deadline for appearance and is typically accompanied by the initiating pleading.
Sydney Santos filed a civil complaint against Summit Bank in federal court. Her attorney mailed a written notice and request asking the bank to waive formal service of the summons. The bank received the notice and, to avoid the expense of formal service, executed the waiver within the required period.
Stella Shapiro was served with a state-court summons and complaint alleging breach of contract. Within thirty days of receiving the summons, her counsel filed a notice of removal in federal district court, satisfying the statutory deadline triggered by service of the summons.
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After reviewing the complaint and supporting affidavits, the magistrate judge found probable cause that Steven Silva had committed wire fraud. At the government's request the judge issued a summons rather than an arrest warrant, directing Silva to appear before the magistrate on a stated date.
Sylvia Santos registered a foreign child-support judgment in State K. While the father attended a training seminar in State K, a process server handed him the registration documents and summons in the lobby of a federal building. That personal service within the state supplied a statutory basis for personal jurisdiction.
Spectrum Financial and Sentinel Security were named as co-defendants. Spectrum was served first and did not remove. When Sentinel Security received its summons thirty-five days later, it filed a notice of removal within its own thirty-day window. Spectrum then consented to the removal.
A federal magistrate issued a criminal summons for Sarah Sullivan. A private process server authorized under the civil rules delivered the summons to Sullivan at her residence, satisfying the rule permitting any person authorized to serve civil summonses to serve a criminal summons as well.
No. The thirty-day removal period under 28 U.S.C. § 1446(b) begins only upon formal service of the summons and complaint, not upon informal receipt of a courtesy copy.
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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.
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If an individual defendant fails to appear in response to a summons, the judge may, and upon government request must, issue an arrest warrant.
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Yes. Under Unif. Interstate Family Support Act § 201(a)(1), personal service of the summons within the state supplies a statutory basis for exercising personal jurisdiction over a nonresident individual.
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When removal is based solely on § 1441(a), all defendants who have been properly joined and served must join in or consent to the removal, though a later-served defendant still has its own thirty-day period to file.
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Roe v. Wade <!-- acedexams opinion md v1 -- Case information - Court: Supreme Court of the United States - Citation: 410 U.S. 113 (1973) - Decided: January 22, 1973 - Judges: Mr. Justice Blackmun delivered the opinion of the Court, in which Mr. Chief Justice Burger and Messrs. Justices Douglas,…