Summons and Complaint Template, Free Download 2026
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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 printable proof of service requirements for your jurisdiction.
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 template (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.
Legal Details: Key Clauses in a Summons and Complaint
Caption and Jurisdiction
IN THE [____________] COURT OF [____________] COUNTY, STATE OF [____________]. Case No. [____________]. [____________] ("Plaintiff"), by and through undersigned counsel, files this Complaint against [____________] ("Defendant") and in support thereof states and alleges as follows.
This Court has jurisdiction over this matter pursuant to [____________] (e.g., 28 U.S.C. § 1332 for diversity jurisdiction, or applicable state jurisdictional statute). Venue is proper in this Court pursuant to [____________] because [the events giving rise to this action occurred in this district / Defendant resides in this district / a substantial part of the property at issue is situated in this district].
All conditions precedent to filing this action have been performed, have occurred, or have been waived. Plaintiff has complied with all applicable pre-suit notice requirements, including but not limited to [____________], and all applicable statutes of limitation and repose have been satisfied.
Parties
Plaintiff [____________] is a [natural person residing at / corporation organized under the laws of / limited liability company formed under the laws of] [____________], with a principal address at [____________]. Plaintiff has standing to bring this action by virtue of [____________].
Defendant [____________] is a [natural person residing at / corporation organized under the laws of / limited liability company formed under the laws of] [____________], with a principal address at [____________]. Defendant may be served with process at [____________] or through its registered agent, [____________].
Statement of Facts
On or about [____________], Plaintiff and Defendant entered into [a written agreement / a business relationship / a transaction] concerning [____________] (the "Subject Matter"). The material terms of the arrangement included [____________]. Plaintiff performed all obligations required under the arrangement, including [____________].
On or about [____________], Defendant [breached the agreement by / committed the following acts or omissions]: [____________]. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered damages including but not limited to [____________], in an amount to be proven at trial but believed to exceed [$__________].
Causes of Action
COUNT I, [BREACH OF CONTRACT / NEGLIGENCE / FRAUD / OTHER]. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein. Defendant owed Plaintiff a duty of [____________] arising from [the contract / the relationship / applicable law]. Defendant breached that duty by [____________]. As a direct and proximate cause of Defendant's breach, Plaintiff has been damaged in an amount to be determined at trial.
COUNT II, [ADDITIONAL CAUSE OF ACTION, IF APPLICABLE]. Plaintiff incorporates by reference all preceding paragraphs. [Set forth the elements of the second cause of action with supporting factual allegations.] Plaintiff is entitled to relief including [compensatory damages / injunctive relief / specific performance / statutory penalties] as provided by law.
Prayer for Relief
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant, and award Plaintiff: (a) compensatory damages in an amount to be determined at trial; (b) consequential and incidental damages; (c) pre-judgment and post-judgment interest at the maximum rate permitted by law; (d) reasonable attorneys' fees and costs of suit; (e) punitive or exemplary damages to the extent permitted by applicable law; and (f) such other and further relief as the Court deems just and equitable.
Summons
THE STATE OF [____________] TO THE ABOVE-NAMED DEFENDANT: You are hereby summoned and required to serve upon Plaintiff's attorney, [____________], whose address is [____________], an Answer to the Complaint within [____________] days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default may be taken against you for the relief demanded in the Complaint. You are also required to file the original of your Answer with the Clerk of this Court.
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
Obtain the Summons From the Clerk
After filing your civil complaint template, 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.
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.
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).
File the Proof of Service
After the defendant has been served, file the proof of service template 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.
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 template, the answer deadline is extended to 14 days after the court rules on the motion.
Free Template vs Custom Summons and Complaint
| Feature | Free Template | Custom (AI or Attorney) |
|---|---|---|
| Free printable summons and complaint sample for civil court | ||
| Downloadable civil summons form template | ||
| 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 | - |
Key Facts About Summons and Complaint Documents
Summons notifies the defendant of the lawsuit and their deadline to respond or face default judgment.
Rule 4 of the FRCP requires proper service of the summons and complaint within 90 days of filing.
Failure to properly serve the summons deprives the court of personal jurisdiction over the defendant.
Process server must file proof of service or affidavit of service with the court after serving the summons.
Defendant typically has 20 to 30 days after service to file a responsive pleading depending on jurisdiction.
Key Legal Terms in a Summons and Complaint
When a Free Template Is Not Enough
Free templates cover standard situations, but a professionally drafted summons and complaint accounts for state-specific requirements, unusual circumstances, and enforceability considerations that generic forms miss. If your situation involves significant assets, complex terms, or potential disputes, request an attorney-drafted summons and complaint with a custom quote based on your situation.
Summons and Complaint Template FAQ
What is a summons and complaint and how do they work together?
How must a summons and complaint be served on the defendant?
What is the deadline for serving the summons and complaint?
What happens if the defendant ignores the summons and complaint?
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