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Judicial summons

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Definition Edit

A judicial summons is addressed to a defendant in a legal proceeding. Typically, the summons will announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a file has been started in the court records. The summons announces a date by which the defendant(s) must either appear in court, or respond in writing to the court or the opposing party or parties. The summons is the descendant of the writ of the common law.

Overview Edit

In most U.S. jurisdictions, the service of a summons is in most cases required for the court to have personal jurisdiction over the party who is being "haled" into court involuntarily. The process by which a summons is served is called service of process. The form and content of service in the federal system is governed by Rule 4 the Federal Rules of Civil Procedure, and the rules of many state courts are similar. The federal summons is usually issued by the clerk of the court. In many states the summons may be issued by an attorney, though some states use filing as the means to commence an action and the summons must be filed in those cases in order to be effective. Other jurisdictions may only require that the summons be filed after it is served on the defendants.


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