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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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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