How-To: Draft a Federal Court Summons
| Background: | You are litigating a case in federal court |
| Problem: | You are unsure about how to create the summons |
| Solution: | You follow this guide for drafting a successful federal court summons |
I. Definitions
II. Legal Citations
III. Samples
| # | Comments | ₧ | |
|---|---|---|---|
| 1 |  | ✓ Issued. TBD case. Fill in form. Clerk added the case number. FL. |  |
| 2 | | ✓ Issued. ✓ Served. Attorney Filing. Fill in Form (AO440). NY. | |
| 3 | | ✓ Issued. ✓ Served. Attorney Filing. Fill in Form (AO440). Multiple people served. NY. | |
| 4 | | ✓ Issued. ✓ Served. Attorney Filing. Fill in Form (AO440). NY. | |
| 5 | | ✓ Issued. ✓ Served. Attorney Filing. Fill in Form (AO440). Handwritten. NY. | |
IV. Forms
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | [Official Form] | Waiver of Summons Requirement | Type your information on the page | Free |
| 2 | | [Official Form] | Summons to be Issued | Type your information on the page. | Free |
| 3 | | [Official Form] | US Marshal Service Request | Type your information on the page | Free |
V. Quick Commentary
- You must summon the defendant in order to notify him/her that he/she is being sued.
- You are responsible for drafting the summons.
- The easiest way to accomplish this is by using the official form (see Part IV - above).
- Note: If you haven't been assigned a case number yet then leave that part empty (the Clerk will add it)
- The easiest way to accomplish this is by using the official form (see Part IV - above).
- Please download as many sample documents as you'd like.
- Proofread your document as much as possible.
- Save the final version as a PDF file.
- File it with your federal court
- The Clerk of the Court will stamp it and issue it back to you. She will also send you Form USM285.
- It may take 6-8 weeks for the Clerk to issue it.
- Get it served thereafter:
Option A: US Marshal- Step #0: Fill out Form USM285 (click here to download).
- Step #1: Assemble the Package:
- Process Service Memorandum (Download Template)
- Order Granting Forma Pauperis Status (ie, Certificate of Civil Indigency)
- USM285
- Complaint
- Your Contact Information
- Step #2: File it with the Clerk.
- Step #3: Remit payment
- Crucial note: the Clerk/Marshal will waive payment if you have a Certificate of Indigency
Option B: Private Process Server- Step #1: Assemble the Package
- Process Service Memorandum (Download Template)
- Summons (2 copies!)
- Complaint
- Your Contact Information
- Delivery Envelope (to house the summons/etc.)
- Self-Addressed Stamped Envelope
- Step #2: Deliver it to the Server (either by mail or in-person)
- Step #3: Pay the Server (usually $60-135)
- Note: Private process servers do not have to honor a Certificate of Civil Indigency.
VI. Additional Notes
- Please review TBD's Analysis on the Prevalance of Federal Court Summonses for more information.
- At first, TBD found the summoning process to be rather bewildering; and mechanical. After using this self-created guide, however, TBD has gained mastery of the method. Please use this guide to master the process as well.
- The procedure for a state summons is very similar.
- Of course, this operation differs from how you must proceed at DOAH.
- Note: This is a very important competency to have! Once you master the ability to summon a defendant you will empower yourself to limit reliance on attorneys and the legal system. Thereby, reducing the likelihood of someone violating you in the first place.
VII. Additional Resources
- Item 13.03, Pro Se Handbook (USNYWD)
- see the 'Summons for a Civil action' instructions
VIII. Conclusion
If you are indigent, the Marshal will serve the defendant for free.
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
