Summons

What summons means

Put simply, summons is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where summons comes up

For example, the term appears in these procedures:

• Summons and Service of Process (Fed. R. Civ. P. 4): the formal way a defendant is notified of a lawsuit. The plaintiff must serve the summons together with a copy of the complaint (Rule 4(c)(1)).

How to research the term

To research summons, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the official rule text online for free.

Related legal terms

• Service of process: formally delivering the summons and complaint to a defendant in a way the rules allow.
• Sui juris: having full legal capacity to manage one's own affairs, as opposed to a minor or a person under guardianship.
• Summary judgment: judgment without a trial because there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
• Temporary restraining order: a short-term emergency order to prevent immediate and irreparable harm before a hearing can be held.
• Trust: a legal arrangement in which a trustee holds property for the benefit of one or more beneficiaries under terms set by the settlor.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.