When an individual or entity is involved in a lawsuit in the United States District Court, it is crucial for them to understand the AO 440 Summons form, an important document that marks the beginning of formal legal proceedings. This form serves as a notification to the defendant that a legal action has been initiated against them, outlining the essential steps that must be followed to respond appropriately. Recipients are given a specific timeframe to answer—21 days for most, but 60 days if the defendant is the United States or a related entity. Failure to respond within this window could result in a default judgment, favoring the plaintiff. Moreover, the form requires that the answer or motion be filed with both the court and the plaintiff or the plaintiff's attorney, emphasizing the importance of prompt and proper action in the legal process. The meticulous completion and submission of this form are critical in safeguarding the rights of the parties involved and ensuring the integrity of the judicial process. Additionally, the summons includes a section for proof of service, ensuring that the document was received and noting the manner of receipt, which could involve personal delivery, leaving the summons at a place of residence, or serving someone legally authorized to accept it on behalf of an organization, along with the associated costs. This level of detail underpins the form's role in providing a fair and orderly framework for addressing civil disputes in the federal courts.
| Question | Answer |
|---|---|
| Form Name | AO 440 Form |
| Form Length | 2 pages |
| Fillable? | Yes |
| Fillable fields | 31 |
| Avg. time to fill out | 6 min 46 sec |
| Other names | ao 440 rev 06 12 summons in a civil action page 2 fillable form, 440 summons civil, 440 summons, 440 summons action form |
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
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__________ District of __________ |
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Civil Action No. |
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SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any) |
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was received by me on (date) |
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’I personally served the summons on the individual at (place)
on (date) |
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; or |
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’I left the summons at the individual’s residence or usual place of abode with (name)
,a person of suitable age and discretion who resides there,
on (date) |
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, and mailed a copy to the individual’s last known address; or |
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’ I served the summons on (name of individual) |
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, who is |
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designated by law to accept service of process on behalf of (name of organization) |
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on (date) |
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’ I returned the summons unexecuted because |
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; or |
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’Other (specify):
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My fees are $ |
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for travel and $ |
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for services, for a total of $ |
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I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc: