ITEM 2.08 | THE SUMMONS
The summons must show the time by which the defendant is required to respond to the complaint. Defendants generally have twenty (20) days to file an answer after they are served with the complaint; United States government defendants have sixty (60) days. Pursuant to a Standing Order of the Court, defendants in prisoner civil rights cases involving the New York State Department of Corrections and Community Supervision (“DOCCS”) and/or employees of DOCCS have 60 days to answer a complaint if the defendant(s) returns a Statement and Acknowledgment of Service by Mail, see N.Y.C.P.L.R. §312-a, within 30 days of being mailed the summons and Complaint and Statement and Acknowledgment of Service by Mail. Defendants in cases seeking review of decisions under the Social Security Act have ninety (90) days to answer. Defendants in cases brought under the Freedom of Information Act have thirty (30) days to answer. Failure to include the response time on the summons is grounds for dismissal of the case. You should also submit to the Clerk a copy of the complaint which you intend to serve on each defendant so that the Clerk can stamp the copies as filed and write on them the case number and judge assigned.
You might need to reference it during your pursuit of justice.
For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
