What is a Summons/Service of Process?
The Summons is an order from the court where the lawsuit will be heard or “litigated.” It notifies the recipient (the “defendant” in the case) that he or she has been sued, refers to the Complaint or Petition, and sets out the time limit within which the defendant must file an answer or seek to have the case dismissed. It will also describe the consequences of failing to respond in a timely manner: the case may be decided without the defendant and he or she may be bound by the result even if they did not participate. Failing to respond to a lawsuit on time will cause a defendant to be “in default.” The Summons is usually a form document. It will have a preprinted caption that contains the name of the court, the names of the parties and a docket number (the court’s identification number for the matter). The body of the document will tell the defendant that he or she has been sued. This language is called the “Notice.” The Summons will be delivered or “served” on the defendant along with
