a document issued by the court at the time a lawsuit is filed, stating the name
of both plaintiff and defendant, the title and file number of the case, the court
and its address, the name and address of the plaintiff's attorney, and instructions
as to the need to file a response to the complaint within a certain time (such as
30 days after service), usually with a form on the back on which information of
service of summons and complaint is to be filled out and signed by the process server.
A copy of the summons must be served on each defendant at the same time as the complaint
to start the time running for the defendant to answer. Certain writs and orders
to show cause are served instead of a summons since they contain the same information
along with special orders of the court. After service to the defendants, the original
summons, along with the "return of service" proving the summons and complaint were
served, is filed with the court to show that each defendant was served. A summons
differs from a subpena, which is an order to a witness to appear.
See also complaint order to show cause service service of process writ
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