Also known as:summons · citation · service of process
Written by attorneys · grounded in primary & secondary sources — see below
A court-issued citation that requires the addressee to appear at a designated time and place.
Sources & Authorities
How it applies
Common Examples
6
Dismissal Motion After Defective Delivery
Eugene Ellsworth sued Empire Logistics in federal court for breach of a shipping contract. The process server left the papers with a receptionist who was not authorized to accept service. Empire moved to dismiss under Rule 12(b)(5), arguing that the delivery failed to satisfy the requirements for proper service of process.
Late Removal Notice After Summons
Emmett Egan received a summons and complaint in state court on day one. He waited forty-five days before filing a notice of removal in federal court. The plaintiff moved to remand, contending that the thirty-day clock had already expired.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Federal agents filed a complaint against Emma Erickson alleging wire fraud. The prosecutor asked the magistrate judge to issue a summons rather than an arrest warrant. The judge reviewed the affidavits and granted the request for a summons.
Personal Service in Support Action
Evelyn Ellison filed a petition in State A to establish child support against a nonresident father. The father was personally served with the citation while visiting State A. The tribunal exercised personal jurisdiction over the father based on that service.
Notice to Registered Father
Emily Ellis sought to terminate parental rights and adopt a child. A man had timely registered under the parentage registry. Ellis served him with notice of the proceeding by the method prescribed for civil process in the state.
Request to Waive Service
Ewan Eckhart filed suit against Enigma Technologies and mailed a notice and request for waiver of service to the company's registered agent. The notice complied with the required contents and gave the company sixty days to respond.
Common questions
Frequently Asked
5
What happens if a defendant is served with process that does not meet the formal requirements?+
A defendant may move to dismiss under Rule 12(b)(5) for insufficient service of process. The motion challenges whether the manner of delivery satisfied the applicable rules.
When does the thirty-day removal clock begin to run?+
The clock begins upon formal service of the summons and complaint or upon receipt through service or otherwise, whichever is shorter.
May a prosecutor request a summons instead of an arrest warrant?+
Yes. Once probable cause is established, the judge must issue a summons rather than a warrant if the government attorney so requests.
Does personal service within the state confer jurisdiction in a support proceeding?+
Yes. Personal service of the citation or summons within the state is one basis for exercising personal jurisdiction over a nonresident.
Must notice be given to a man who registered in the parentage registry?+
Yes. Notice of a proceeding to adopt or terminate rights must be given to a timely registrant in the manner prescribed for civil process.
410 U.S. 113 (1973)Constitutional Law
Roe v. Wade <!-- acedexams opinion md v1 -- Case information - Court: Supreme Court of the United States - Citation: 410 U.S. 113 (1973) - Decided: January 22, 1973 - Judges: Mr. Justice Blackmun delivered the opinion of the Court, in which Mr. Chief Justice Burger and Messrs. Justices Douglas,…