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There is no "set" time when a summons and complaint will be served. The sheriff or marshall will delivery the summons and complaint at any time they are on shift. It is not uncommon for a summons and complaint to be delivered early in the morning or late in the evening.
Appear in court.
Can I serve a summons to the defendants attorney if the defendant cannot be found
Yes, a summons is a requirement to be someplace, normally at a court or deposition. The answer to a complaint is the response to a complaint that has been filed with the court and served on the other side.
The defendant's written response to a plaintiff's complaint is called an Answer.
cross-complaintn. after a complaint has been filed against a defendant for damages or other orders of the court, the defendant may file a written complaint against the party suing him/her or against a third party as long as the subject matter is related to the original complaint. The defendant's filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant and the party he/she sues is called a cross-defendant. The defendant must still file an answer or other response to the original complaint. If the cross-complaint is against the original plaintiff (original suer) then it can be served on the plaintiff's attorney by mail, but a third party must be served in person with the cross-complaint and a new summons issued by the clerk of the court. The cross-defendants must then file answers or other responses. These are called pleadings and must be carefully drafted (usually by an attorney) to properly state the factual as well as legal basis for the claim and contain a prayer for damages or other relief.(From LAW.COM Dictionary)
A civil summons is a legal document that notifies a defendant that a lawsuit has been filed against them and requires them to appear in court to respond to the allegations. It is typically served along with a copy of the complaint.
The summons is the document that officially starts a lawsuit. It must be in a form prescribed by the law governing procedure in the court involved, and it must be properly served on, or delivered to, the defendant. If the prescribed formalities are not observed, the court lacks authority to hear the dispute. In the federal district courts, the summons is prepared by the attorney for the plaintiff and given to the clerk of the court where the case will be heard. When the plaintiff's complaint, setting out his claim, is filed with the court, the clerk signs the summons and gives it and a copy of the complaint to a U.S. marshal or to someone else appointed to serve the papers. Once the summons and complaint are served on the defendant, she must respond to them within twenty days or whatever other time the court allows. Some states follow this same procedure, but other states allow service of the summons and complaint by delivery directly to the defendant. In those states, the lawsuit is considered begun as soon as the defendant receives the papers, even though nothing has yet been filed with a court. Actions commenced in this way are sometimes called "hip pocket" suits
A writ of summons is a paper issuing out of a court (writ) which calls upon someone to appear (it summons them). In some jurisdictions, civil actions are started by presenting a writ to the court which is then served upon the defendant. The writ will state the basis in fact and law of the complaint. If for some reason the plaintiff (the person with the complaint, the person who starts the lawsuit) afterwards feels the statement of fact and law is insufficient he can have it changed, or amended. The writ of summons will then become an amended writ of summons.
When a lawsuit is started in the jurisdiction i am from, a person known as a plaintiff files a Notice of Action and Statement of Claim with the Court and causes it to be served on a defendant or defendants. In small claims court, it is called a Notice of Claim, and it is filed by a Claimant, and served on a Defendant. The Notice of Action sets out that a claim has been started, by who, against who and notifies the jurisdiction and time within which a defense can be filed. The Statement of Claim will set out particulars of the specific claims being made by the plaintiff / claimant.
Defendant was served compalaints and summons and defedant chose to prcoeed with other action
A bench warrant will not issue in a civil action for failure to appear on a summons. At best, the party who fails to appear will have a judgment entered against him/her whether it was served by mail or not. Failure to answer a summons is simply tantamount to admitting the allegations in the complaint are true and judgment should be entered as requested.