What is a Summons?

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LEGAL BASICS - WHAT IS A SUMMONS BY ATTORNEY STEVE®

In this exciting episode of Litigation Whiteboard® Attorney Steve® explains what a summons is and how to fill out a California Summons form from Judicial Council. This is general legal information only and not legal advice.

General requirements of a valid summons under F.R.C.P. 4(a):

1. Issued and signed by court clerk

2. Summons has the name the court and the parties

3. Summons is directed at the defendant(s)

4. Has the name of Plaintiff attorney on it (or Plaintiff in pro per)

5. States the name of the Court and timeframes to respond

6. States the time in which the Defendant(s) must appear (file a motion to dismiss or answer or another pleading) or risk the court entering a default judgment.

7. Seal of the Court is affixed on the summons

If the summons is not proper, it could be subject to a rule 12(b) motion to dismiss in federal court.

We will be doing another important video on "Service of Process" so make sure to SUBSCRIBE to our growing legal channel. Thanks for watching!

Attorney Steve®

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#LitigationTips
#Summons
#Complaint
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[heyjustin]

Love your channel. About to file suit against my state, using info I learned here!

[methatlovescats]

Mine doesnt look like whats shown.
The one left on a chair outdoors is only a rough copy( black marks on papers)of something that says you are being sued .

[brookie]

So what if I haven't been served but I got a phone call from a lawyer??

[jamesh]

My judge verbally sexual assaulted me during civil courtroom proceedings and he said no video camera are on so I can't get video or audio of this. What do I do now

[jessicafallen]

When u get a summons how fast after that do u get a court date?