How-To: Draft 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. Definitions
II. Legal Citations
III. Samples
| # | 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
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe"). |  |
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.
- Feel free to use the template (see Part IV - above) to help.
- TBD is 99% sure it will work for you.
- 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 state court
- The Clerk of the Court will stamp it and issue it back to you.
- History shows that the Clerk accepts, approves, and issues a wide array of differently formatted summonses.
- It usually takes only 1-2 days.
- Get it served thereafter:
Option A: Sheriff- Step #1: Assemble the Package:
- Process Service Memorandum (Download Template)
- Certificate of Civil Indigency
- Summons (2 copies!)
- Complaint
- Your Contact Information
- Delivery Envelope (to house the summons/etc.)
- Self-Addressed Stamped Envelope
- see this TextBook Package (PDF)
- Step #2: Deliver it to the Sheriff (either by mail or in-person).
- Step #3: Pay the Sheriff
- Crucial note: the Sheriff will waive payment if you have a Certificate of Indigency
Option B: Private Process Server- Step #1: Assemble the Package
- see
Option A, Step #1(above)
- see
- 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.
- Step #1: Assemble the Package:
VI. Additional Notes
- Please review TBD's Analysis on the Prevalance of State 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 federal 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.
- Leon County Sheriff's Office: Link
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 Sheriff will serve the defendant for free.
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
