Summons
Introduction to Summons
Summons, in law, a formal document stating that a person (defendant) is notified to appear in court and answer a complaint or charge brought against him or her by another party (plaintiff). Unless a specific statutory provision permits a summons to be signed by the plaintiff’s attorney, it usually must be signed by the clerk of the court in which the action is brought. The following form is an example of a summons.
The ways in which a summons may be given (served) to a defendant vary from state to state. As a general rule, the summons must be handed personally to the defendant. In an action instituted against a nonresident of a state, most states provide that service may be made by publication of the summons as an advertisement in a newspaper in the event that property of the defendant can be located and attached in that state. If the defendant is a resident of the state and leaves for the purpose of concealment or to evade the service of the summons, the statutes of most states provide that the summons can be served by an order for substituted service. This order usually provides that a defendant can be served by mailing a copy of the summons to the last known address or leaving the summons with a person of suitable age and discretion at the defendant’s residence. If such a person cannot be found there, the summons is attached to the door of the residence.
If several defendants are named in the same action, each one must be served individually; if, however, the action is against a partnership, only one of the parties need be served to obtain a judgment against the partnership as such. Service on a corporation is made by serving an officer, director, or managing agent of the corporation, or other persons designated by statute.” (1)
Resources
Notes and References
- Information about Summons in the Encarta Online Encyclopedia