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AO 440 Rev. 06/12 Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Plaintiff s v. Defendant s Civil Action No. SUMMONS IN A CIVIL ACTION To Defendant s name and address A lawsuit has been filed against you. 4 l This summons for name of individual and title if any was received by me on date. I personally served the summons on the individual at place on date or I left the summons at the individual s residence or usual place of abode with name a person of suitable age...
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Comments and Help with district court summons
R. Civ. P. 3(e)(1) -- you shall give written (but not electronically) notice to the plaintiff in the action that you have filed a Motion to Dismiss. The court will set a hearing date in the action at which time the plaintiff shall be permitted to present evidence in support of the Motion. The defendant shall make his motion in writing not later than 20 days after service of the summons. If you have reason to believe that your motion is false or incomplete, you may seek a ruling from the court that the motion is void as against a party under Fed. R. Civ. P. 5(a)(1)(A) within 20 days after service of the summons. If you do not want a court ruling concerning your motion, you shall serve the plaintiff, and the plaintiff may serve his or her reply within 70 days after you served the written request. If you do not respond to the written response, the plaintiff may move the court to dismiss the action without prejudice and without costs on the ground that the defendant's motion had not been served within the time specified in the original summons. In any action in which you are at the center of a controversy, the United States may seek an appropriate protective order requiring you to act only with respect to the issues to which you assert a claim or defense, and not related to the claims of others. Such an order may prohibit you from acting as a party to further proceedings in the action. 1. C. The United States, a United States agency, a United States government agency or an officer or employee of the United States is not a "party who is a party" in a civil action as defined above if the United States and the United States agency, or an officer or employee of that department are parties to a contract, cooperative agreement or other legally enforceable agreement between the United States and the United States agency that purports to provide for claims against the United States. It is not sufficient for the United States to consent to the claim or defense in the contract, cooperative agreement or other agreement. You may receive a summons and complaint as a civil action only if the party against whom it is directed is a foreign principal or if the civil action alleges claims for which the United States is not responsible and, despite the United States' involvement, the claim or defense is substantially the same as or substantially similar to a claim or defense that the United States would be required to defend in court and in the ordinary course of the business of the United States. 2. P. You must serve

Who needs an AO 440 form?

This form is a court summons served on a defender in a civil action. The form consists of two parts: the Summons and the Proof of service. The Civil Action Summons is filled out by a court clerk and the Proof of service, by the server.

What is the AO 440 form for?

This summons form informs the individual that a specified plaintiff has opened criminal proceedings against him/her. After receiving the summons, the defendant must serve an answer to the plaintiff. The Proof of service certifies that the defendant received the summons or that the summons was returned unexecuted for some reason.

What documents must accompany the AO 440 form?

This summons form is accompanied by the plaintiff’s complaint.

Does the AO 440 form have a validity period?

The defendant must serve the plaintiff an answer within 21 days after the service of this complaint summons (or 60 days for a US agency and an officer employee).

What information should be provided in the AO 440 form?

The Civil Action Summons must contain the following information:

  • Name and address of the plaintiff

  • Name and address of the defendant

  • Number of the civil action

  • Name and address of the defendant’s attorney (if there is any)

The clerk of the court should sign and date the writ of summons form as well.

The Proof of service is completed by the server and contains these data:

  • Number of the civil action

  • Name of the defendant

  • Date of receiving

  • The result of the service (the appropriate box should be checked)

  • Fees for the service and travel

The server also must sign, date the form, type the name and address. If there are any comments, it should be stipulated in a special box.

What do I do with the form after its completion?

As a rule, the proof of service is not filed with the court. The server and both parties keep a copy for their personal record. The summons is issued by the court clerk and sent to the defendant.

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