Volume II, Chapter §6.2
Litigation Documents

The Summons

§6.2

 


Introduction

Here we go. These documents are all form based, so don't try to recreate the wheel, whether in class or on the job. The summons is provided here in pleading form, but in most jurisdictions, there is a form that the court provides. Visit a court house near you, or (even better) go online and search for an electronic version of a summons from a court in your jurisdiction.

Lecture Notes . . .

The Summons

While a summons is a comparatively simple document, it is also very important. It is part of the due process rights every defendant has. The summons fulfills the right to be noticed as to pending litigation. The summons is served with the complaint. ("Notice" is one of the most important words in the legal field.)

Part of the summons is the Affidavit of Service. The affidavit of service states the manner in which the summons was presented to the defendant. It is signed and sworn to by the person who serves the summons, such as a sheriff or process server.

You may also use the summons template In the Legal Writing Labs.