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How-To Guide: Drafting a State Court Summons (FL)

Background: You are litigating a case in a state court of Florida
Problem: You are unsure about how to create the summons
Solution: You follow this guide for drafting a successful state court summons

I. Textbook Definition: "Summons"

Barron's Dictionary of Legal Terms [Fifth Edition] - Gifis, (© 2016) Barron's
"A mandate requiring the appearance of the defendant under penalty of having judgment entered against him for failure to appear. The object of the summons is to notify the defendant that he has been sued."

II. Legal Citations

(a) §48 Florida Statutes (2020) | Process and Service of Process
"§48.011 Process; how directed. - Summons, subpoenas, and other process in civil actions run throughout the state. All process except subpoenas shall be directed to all and singular the sheriffs of the state." (b) Rule 1.070 Fla. R. Civ. P. | Process
"(a) Summons; Issuance. Upon the commencement of the action, summons or other process authorized by law shall be issued forthwith by the clerk or judge under the clerk’s or the judge’s signature and the seal of the court and delivered for service without praecipe."

III. Samples

# PDF Comments
1✓ Issued. TBD case. Pro se Filing. Based on template. Disability Notice. Multilingual.
2✓ Issued. Attorney's Filing. Multilingual. 2020.
3✓ Issued. Personal Service on an Individual. Fill-in Form. Multilingual. 2020.
4✓ Issued. Attorney's Filing. Personal service on a corporation. Spanish Included. 2020
5✓ Issued. Attorney's Filing. 2016. Short.
6✓ Issued. Attorney's Filing. 2016. Multilingual.
7✓ Issued. Attorney's Filing. 2016. Disability Notice.
8✓ Issued. Attorney's Filing. 2016. Very brief.
9✓ Issued. Attorney's Filing. 2015. Uncommong format.
10✓ Issued. Attorney's Filing. 2014. Very brief.
11✓ Issued. Pro se Filing. Personal Service on an Individual. Handwritten. 2014. Multilingual.
12✓ Issued. Attorney's Filing. Fill in Form. Very brief.
13✓ Issued. Attorney's Filing. Fill in Form. Complaint attached. 2011.
14✓ Issued. Pro se Filing. Handwritten. Attached Certificate of Indigency.
15✓ Issued. Attorney's Filing. Uncommon form.

IV. Templates

# Word Comments
1Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe").

V. Quick Commentary

VI. Additional Notes

VI. Conclusion

In short, you must summon the defendant in your state court proceeding (unless the defendant has waived service - see Rule 1.070(i)(2) Fla. R. Civ. P.).

If you are indigent, the Sheriff will serve the defendant for free.

Congratulations! You are now booked up on state court summonses!

Please get the justice you deserve.


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