Summons and Complaint
Summons and Complaint Generator
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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.
Sample Summons and Complaint Generated by Legal Tank
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].
+ 1 more subsections in generated document
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.
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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.
What Is a Summons and Complaint?
A summons is a court-issued document that formally notifies a defendant that a lawsuit has been filed against them and that they must respond within a specified time or face a default judgment. The summons is served together with the complaint, collectively called service of process, which is the mechanism by which the court acquires personal jurisdiction over the defendant.
Under Federal Rule of Civil Procedure Rule 4, the summons must contain specific information: the court's name, the parties' names, the name and address of the plaintiff's attorney (or the plaintiff if pro se), the time within which the defendant must respond (21 days in federal court), and a warning that failure to respond will result in default judgment. The summons must be signed and issued by the court clerk and bear the court's seal.
Service of process must be accomplished by a method authorized by Rule 4 or the applicable state rules. In federal court, service on an individual may be made by: personal delivery; leaving copies at the defendant's dwelling with a person of suitable age; delivering to an authorized agent; or following the service rules of the state in which the district court is located. Service on corporations requires delivery to an officer, managing agent, or authorized agent, or following state law. Service must be made by a person who is not a party to the action and is at least 18 years old.
The plaintiff must complete service within 90 days of filing the complaint in federal court (Rule 4(m)). Failure to serve within this period may result in dismissal without prejudice. The federal rules also provide for waiver of service (Rule 4(d)), which allows the plaintiff to mail the complaint to the defendant with a request to waive formal service, extending the response time to 60 days and avoiding the cost of personal service.
Why You Need a Summons and Complaint
You have filed a civil complaint and need to formally serve the defendant to establish the court's personal jurisdiction and start the response clock.
You need to serve a defendant who is avoiding service and must explore alternative service methods authorized by the applicable rules.
You want to use the waiver of service procedure to reduce costs and give the defendant additional time to respond.
You are filing in state court and need to comply with the specific summons format and service requirements of that jurisdiction.
Key Sections in a Summons and Complaint
Court and Case Information
The full name of the court, the case number (assigned at filing), and the names of all parties.
Defendant Information
The full legal name and address of each defendant to be served. For businesses, the name of the registered agent or officer who will accept service.
Response Deadline
The number of days the defendant has to respond after service (21 days in federal court, varies by state) and a warning that default judgment will be entered for failure to respond.
Service Instructions
Instructions for the process server regarding acceptable methods of service under the applicable rules.
Return of Service
The affidavit or declaration completed by the person who served the papers, documenting the date, time, location, method of service, and identity of the person served.
Summons and Complaint Legal Requirements
Rule 4(a) specifies the required contents of the summons: court name, parties, attorney information, response deadline, and default judgment warning.
Service must be completed within 90 days of filing the complaint in federal court (Rule 4(m)). State deadlines vary.
Service must be made by a non-party who is at least 18 years old. Rule 4(c)(2).
The method of service must be authorized by Rule 4 or the applicable state rules. Personal service, substituted service, and service by mail are the most common methods.
A return of service (proof of service) must be filed with the court. Rule 4(l).
Common Summons and Complaint Mistakes to Avoid
Having a party to the lawsuit serve the papers. Service must be made by a non-party who is at least 18 years old. The plaintiff cannot personally serve the defendant.
Failing to complete service within 90 days (federal) or the applicable state deadline. Late service may result in dismissal.
Serving the wrong person for a business entity. Corporations and LLCs must be served through their registered agent, an officer, or a managing agent, not just any employee.
Not completing and filing the return of service (proof of service). Without proof of service, the court cannot verify that the defendant was properly notified.
Using an unauthorized method of service. Each jurisdiction specifies exactly how service must be accomplished, and using a method not authorized by the rules invalidates the service.
Frequently Asked Questions About Summons and Complaints
What is a summons and complaint?
How do I serve a summons and complaint?
What happens after a summons is served?
How long does a defendant have to respond to a summons?
What is the difference between a summons and a subpoena?
Can a summons be served by mail?
What happens if you ignore a summons and complaint?
Who can serve a summons and complaint?
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