Also known as: summons & complaint · summons and complaints · summons · complaint
Written by attorneys · grounded in primary & secondary sources — see below
A pair of documents that together commence a civil action. The summons notifies the defendant of the suit and commands a response within a stated time. The complaint sets forth the plaintiff's claims and the relief sought.
Sapphire Technologies received a written notice from plaintiff Spencer Silver stating that a lawsuit had been filed and requesting waiver of formal service. The company reviewed the notice and returned the signed waiver form within the required period, thereby avoiding the expense of a process server. Silver then proceeded with the case without incurring additional service costs.
After arresting Scott Summers without a warrant, officers filed a complaint establishing probable cause in the district where the alleged offense occurred. The magistrate reviewed the complaint and scheduled Summers's initial appearance. The filing satisfied the promptness requirement and allowed the case to move forward under the federal rules.
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Sterling Manufacturing's board began an internal review of the allegations in a shareholder demand. The court granted the corporation's motion to stay the derivative proceeding while the inquiry continued. The stay remained in place until the board completed its review and reported its findings.
Sofia Stern filed a complaint against Sterling Dynamics that contained only conclusory allegations of misconduct. The defendant moved to dismiss, arguing the pleading failed to state a plausible claim. The court dismissed the action because the factual content did not raise a reasonable inference of liability.
Skyline Construction was served with the summons and complaint in state court on March 1. The defendant filed its notice of removal in federal court on March 25. Because the filing occurred within the thirty-day window, the federal court accepted jurisdiction over the action.
Sylvia Santos was personally served with the summons and complaint for child support in the state where she resided. The court obtained personal jurisdiction over Santos under the uniform act because service occurred within the forum state. The support proceeding then continued on the merits.
A civil action begins when the plaintiff files a complaint with the court. The plaintiff must then serve the defendant with both the summons and the complaint to provide notice and establish personal jurisdiction.
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A defendant may sign and return a waiver form after receiving written notice of the action. Signing the waiver eliminates the need for a process server and shifts any later service costs to the defendant if the waiver is refused without good cause.
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A defendant must file the notice of removal within thirty days after receiving the summons and complaint through service or otherwise. The thirty-day clock begins on formal service, not on informal receipt of a courtesy copy.
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A complaint must contain enough factual matter to state a claim that is plausible on its face. Conclusory allegations or statements merely consistent with liability are insufficient to survive a motion to dismiss.
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…an abortion on the wife. The action was brought against the District Attorney of the county in which the plaintiffs resided. The complaint alleged that Roe was unmarried and pregnant, that she wished to terminate her pregnancy by an abortion performed by a competent licensed physician under safe clinical conditions, that she…