Dictionary of Law
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summons :: legal definition


Summons - n. a document issued by the court at the time a lawsuit is filed, stating the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions as to the need to file a response to the complaint within a certain time (such as 30 days after service), usually with a form on the back on which information of service of summons and complaint is to be filled out and signed by the process server. A copy of the summons must be served on each defendant at the same time as the complaint to start the time running for the defendant to answer. Certain writs and orders to show cause are served instead of a summons since they contain the same information along with special orders of the court. After service to the defendants, the original summons, along with the "return of service" proving the summons and complaint were served, is filed with the court to show that each defendant was served. A summons differs from a subpena, which is an order to a witness to appear.

See also: complaint order to show cause service service of process writ and Related Law Terms ↓


Related Law Terms

abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.
acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest.
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
complainant :: n. a person or entity who begins a lawsuit by fili ... lso: complaint petitioner plaintiff
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling.
constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
corporation :: n. an organization formed with state governmental ... ation public corporation securities
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk.
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction
personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees.
return of service :: n. written confirmation under oath by a process se ... ee also: service service of process
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal.
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party.
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
sum certain :: n. a specific amount stated in a contract or negot ... r redecoration of Williams' house."
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence
timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely."
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.

Popular Law Searches

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Other Law Terms - S

said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder