Free Download

Summons and Complaint Template – Free Download 2026

Download a professional summons and complaint template. Customizable for all 50 states, available in PDF and DOCX formats. Attorney-verified and ready to use.

Get Attorney-Drafted VersionDownload Free Template
Check Local Court Rules

Summons and Complaint Template Preview

View the full template with all standard sections, state-specific clauses, and professional formatting. Free to view, no signup required.

Attorney-verified template · Free to view

When Do You Need a Summons and Complaint?

You are filing a new civil lawsuit and need to formally serve the defendant with a summons — the court-issued document that notifies the defendant of the pending action and commands them to respond within a specified time period. Under Rule 4(a) of the Federal Rules of Civil Procedure, the summons must be signed by the clerk, bear the court's seal, identify the court and the parties, state the name and address of the plaintiff's attorney, and state the time within which the defendant must appear and defend.

The defendant is evading personal service and you need to pursue alternative methods such as substituted service (leaving the summons with a person of suitable age and discretion at the defendant's dwelling) or service by publication in jurisdictions that permit it. Under Rule 4(e)(2), federal courts allow personal delivery to the individual, leaving copies at the dwelling with a suitable person, or delivering to an authorized agent.

You want to request a waiver of service under Rule 4(d) FRCP to save costs. The waiver of service provision allows a plaintiff to mail the summons and complaint to the defendant with a request for waiver, giving the defendant 30 days (60 days if outside the United States) to return the waiver. A defendant who refuses to waive without good cause must pay the costs of formal service, including reasonable attorney's fees for the service motion.

You are filing in state court where service rules differ from federal practice. Many states require service by a sheriff or process server rather than any person over 18 who is not a party, and some states have unique methods such as service by certified mail with return receipt requested. Always check the proof of service requirements for your jurisdiction.

📋 Rule 4(m) Deadline: Under Rule 4(m) of the Federal Rules of Civil Procedure, if a defendant is not served within 90 days after the complaint is filed, the court must dismiss the action without prejudice against that defendant or order that service be made within a specified time. The court must extend the time for service if the plaintiff shows good cause for the failure. Many state courts have shorter deadlines — California requires service within 60 days, while some states allow 120 days. Track your service deadline immediately upon filing.

⚠ Default Judgment Risk: If a defendant is properly served with a summons and complaint and fails to respond within the time allowed (21 days in federal court under Rule 12(a)(1)(A)(i), or 60 days if service was waived under Rule 4(d)), the plaintiff can seek a default judgment under Rule 55 FRCP. Default judgment can result in the full amount of damages claimed being awarded without a trial. If you are a defendant who has been served, respond within the deadline or face severe consequences.

What Should a Summons and Complaint Include?

Court Caption and Case Information

The full court caption including the court name, judicial district, case number (assigned by the clerk upon filing), the names of all parties (plaintiff(s) vs. defendant(s)), and the title "Summons in a Civil Action." The caption must exactly match the caption on the filed complaint.

Identification of Parties

The full legal names and addresses of all parties. For individual defendants, include their last known address. For corporate defendants, identify the registered agent for service of process. For government defendants, identify the specific agency and any officials who must be served under Rule 4(i).

Basis for Jurisdiction

A statement identifying the basis for the court's jurisdiction: federal question jurisdiction under 28 U.S.C. § 1331 (claims arising under federal law), diversity jurisdiction under 28 U.S.C. § 1332 (parties from different states and amount in controversy exceeding $75,000), or state court jurisdiction under applicable state statutes.

Deadline to Respond

The specific number of days the defendant has to file a response: 21 days for a standard federal summons, 60 days if service is waived under Rule 4(d), or the applicable state deadline. The summons must clearly state the consequences of failing to respond — that a default judgment may be entered for the relief demanded in the complaint.

Service Instructions and Proof of Service

Instructions for how the summons and complaint will be served, consistent with Rule 4 or the applicable state rule. After service is completed, a proof of service (also called an affidavit of service or return of service) must be filed with the court under Rule 4(l), documenting the date, time, manner, and person served.

Signature Requirements

Check Local Court Rules

The summons must be signed and issued by the court clerk. Check your jurisdiction's rules for clerk-issued summons requirements.

Most courts require the clerk to sign and seal the summons before it can be served. Some e-filing systems issue the summons automatically upon filing. Verify your court's procedures.

How to Fill Out a Summons and Complaint

1

Obtain the Summons From the Clerk

After filing your civil complaint, present the summons form to the clerk of court for signature and the court seal. Under Rule 4(b), the plaintiff may present a summons to the clerk for each defendant to be served. In federal court, use Form AO 440 (Summons in a Civil Action). In state court, use the court-specific summons form.

2

Complete the Complaint and Attach It to the Summons

The summons must be served together with a copy of the filed complaint. Ensure the complaint is fully executed, includes all exhibits and attachments, and matches the version filed with the court. Under Rule 4(c)(1), a summons must be served with a copy of the complaint.

3

Arrange for Proper Service

Under Rule 4(c)(2), any person who is at least 18 years old and not a party may serve the summons. Consider using a professional process server, the U.S. Marshals Service (available for in forma pauperis plaintiffs under 28 U.S.C. § 1915(d)), or requesting waiver of service under Rule 4(d). For service on corporations, serve an officer, managing agent, or registered agent under Rule 4(h).

4

File the Proof of Service

After the defendant has been served, file the proof of service with the court. Under Rule 4(l), proof of service must be made to the court by the server's affidavit, except for service by a U.S. Marshal. The affidavit must state the date, time, location, and manner of service, and identify the person served.

5

Monitor for the Defendant's Response

Calendar the deadline for the defendant's response: 21 days from service (or 60 days if waiver was granted). If the defendant fails to respond within the deadline, you can request entry of default under Rule 55(a) and then move for default judgment under Rule 55(b). If the defendant files a motion to dismiss, the answer deadline is extended to 14 days after the court rules on the motion.

Summons and Complaint Requirements by State

Summons and Complaint laws and requirements differ across states. Key variations include specific language requirements, notarization mandates, witness requirements, filing deadlines, and enforceability standards. Our templates incorporate state-specific provisions when you select your jurisdiction.

For the most comprehensive state-specific version, use our AI generator which automatically applies your state's legal requirements.

Generate state-specific summons and complaint

Free Template vs Custom Summons and Complaint

FeatureFree TemplateCustom (AI or Attorney)
Basic summons and complaint template
Waiver of service request form (Rule 4(d))
State-specific summons formatting and local rules-
Service on corporate and government defendants-
Attorney review of summons and service strategy-
AI-generated custom versionStarting at $9.99-

Summons and Complaint Template FAQ

What is a summons and complaint and how do they work together?
A summons is a court-issued document that formally notifies the defendant that a lawsuit has been filed against them and commands them to respond within a specific time period. The complaint is the plaintiff's pleading that sets forth the factual allegations and legal claims. Under Rule 4 of the Federal Rules of Civil Procedure, the summons and complaint must be served together — the summons provides the notice and deadline, while the complaint provides the substance of the claims. The summons is signed and sealed by the clerk of court, giving it official judicial authority. Without proper service of both the summons and complaint, the court does not have personal jurisdiction over the defendant, and any judgment entered would be void under Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344 (1999).
How must a summons and complaint be served on the defendant?
Under Rule 4(e) FRCP, an individual within the United States may be served by: (1) following the state law for serving a summons in the state where the district court is located or where service is made; (2) delivering a copy personally to the individual; (3) leaving a copy at the individual's dwelling with a person of suitable age and discretion who resides there; or (4) delivering a copy to an agent authorized by appointment or by law to receive service. Corporations are served under Rule 4(h) by delivering to an officer, managing agent, or registered agent, or by following state law. Government entities require service under Rule 4(i) on the U.S. Attorney, the Attorney General, and the agency. Service must be made by a person who is at least 18 years old and not a party to the action.
What is the deadline for serving the summons and complaint?
Under Rule 4(m) FRCP, the plaintiff must serve the defendant within 90 days after the complaint is filed. If the plaintiff fails to serve within 90 days and cannot show good cause, the court must dismiss the action without prejudice or order service within a specified time. Good cause may include the defendant's evasion of service, the plaintiff's reasonable efforts to locate the defendant, or difficulties serving a foreign defendant. State courts have different deadlines: California requires service within 60 days (Cal. Code Civ. Proc. § 583.210), New York allows 120 days (CPLR 306-b), and some states have no specific deadline but require "reasonable diligence." Always calendar the service deadline immediately upon filing and pursue service aggressively from day one.
What happens if the defendant ignores the summons and complaint?
If a defendant is properly served and fails to plead or otherwise defend within the time allowed, the plaintiff can pursue a default judgment under Rule 55 FRCP. The process has two steps: First, the plaintiff requests the clerk to enter a default under Rule 55(a) by submitting an affidavit showing that the defendant has failed to plead or otherwise defend. Second, the plaintiff moves for default judgment under Rule 55(b) — if the claim is for a sum certain, the clerk can enter judgment; otherwise, the court holds a hearing to determine damages. Default judgment can award the full amount of damages demanded in the complaint. Defendants can move to set aside a default under Rule 55(c) for "good cause," or to set aside a default judgment under Rule 60(b) for excusable neglect, newly discovered evidence, or other reasons — but courts are increasingly reluctant to set aside defaults where the defendant was properly served and simply failed to respond.

More Free Templates

Power of Attorney Template

Estate Planning

Free Non-Disclosure Agreement Form

Contracts & Agreements

Bill of Sale Download

Contracts & Agreements

Printable Last Will and Testament

Estate Planning

Need a Customized Summons and Complaint?

Most clients choose our attorney-drafted option for a summons and complaint fully personalized to their situation by a licensed attorney. Need it fast and affordable? Try our AI generator as a quick alternative.

Get Attorney-Drafted VersionQuick AI Generator
Attorney Drafting Services·AI Document Generators·Template Library·View Plans

Need this document customized for your situation?

Generate with AIGet Attorney-Drafted Version