Download the Summons form

Completing the Summons

• The summons must be completely filled out. Include your name and address where "Plaintiff" is indicated on the form.

• You need a summons for each defendant.

• If the defendant is the United States or one of its agencies, you must prepare a summons for the:

   

  • United States Attorney,

  • United States Attorney General in Washington D.C., and

  • The governmental agency involved.

• Each summons must include information on how long a defendant has to answer your complaint.  The response time is:

• 21 days for a defendant residing within this state, or
• 60 days for an out-of-state resident or U.S. government defendant.

Getting the Summons(es) Issued

• The Court cannot issue Summons(es) in blank.

• Summons(es) are issued by the Clerk's Office. 

• The filing fee must be paid, or Informa Pauperis application must be granted before summon(es) can be issued for a pro se plaintiff. The complaint will be reviewed by a judicial officer.   Once the Clerk's Office has received permission from a judicial officer to issue summons(es), they will issue and mail the summons(es) to you.

Serving the Summons(es)

• Service of the summons and complaint on the defendant(s) must be made within 120 days from the date of filing the complaint or the case will subject to dismissal.

• All service methods require that a copy of the complaint accompany either the summons or the notice of waiver/waiver form.

Service of Summons(es) by the United States Marshal Service:

• A court order is necessary to obtain service by this agency.