Summons

A summons is the formal court document that notifies a defendant that a lawsuit has been filed against them and tells them how and by when to respond. Under Federal Rule of Civil Procedure 4, the summons is served together with the complaint, establishing the court’s exercise of jurisdiction over the defendant. If the plaintiff fails to serve the summons and complaint within 90 days after filing the complaint, the court may dismiss the action unless the plaintiff shows good cause or the deadline is extended.

Example: Under FRCP 4(m), if a plaintiff files a federal complaint but does not serve the summons and complaint on the defendant within 90 days, the defendant can move to dismiss the case for untimely service.

Common misconception: Receiving a summons does not mean the defendant has lost. It starts the case: the defendant has a set time (21 days in most federal cases) to answer or otherwise respond before any decision is made.

Sources: Summons, Glossary of Legal Terms, United States Courts; Federal Rule of Civil Procedure 4, Cornell LII — https://www.law.cornell.edu/rules/frcp/rule_4 (non-.gov compilation of the federal rule)