Summons
(Federal)

Summary

This template is a summons that can be used to notify a defendant of a lawsuit in a federal action subject to any specific requirements in your district. It includes practical guidance, drafting notes, and alternate clauses. If a defendant is not properly served with the complaint and a proper summons (serving process), any subsequent judicial proceedings with regard to that defendant are invalid. See Wagstaffe Prac. Guide: Fed. Civil Proc. Before Trial § 11-VI[D]. Always check Local Rules for additional requirements or a specific template summons that must be used. See, e.g., C.D. Cal. L.R. 4-1. Failure to adhere to Local Rules can result in the clerk rejecting your summons. Once the clerk signs your summons and affixes the court seal, you must serve the summons and complaint on the defendant using the methods in Rule 4. See Fed. R. Civ. P. 4(c), (e)–(j). You may request that a defendant waive service (including service of the summons). Fed. R. Civ. P. 4(d). For a full listing of key content covering fundamental civil litigation tasks throughout a federal court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (Federal). For more information on summonses and serving process, see Commencing a Lawsuit: Serving Process (Federal) and Commencing a Lawsuit: Serving Process Checklist (Federal).