How to Fill Out the AO 440 Summons Step by Step
Completing the AO 440 Summons form correctly ensures your federal civil action proceeds without procedural delays. Follow these steps to fill out the form using the FormsPal PDF editor. The information below covers every section of this federal legal document.
Step 1. Enter the Court Information
Start at the top of the form. Type the full title of the United States District Court where the civil action is filed. Include the district and division if applicable. For example, write "United States District Court for the Southern District of New York." This information identifies which federal court has jurisdiction over the legal matter.
Step 2. Identify the Parties
In the plaintiff field, enter the full legal name of the person or entity bringing the civil action. In the defendant field, enter the full legal name of the person or entity being sued. If there are multiple plaintiffs or defendants, list each one on the summons. Use "et al." only if additional parties are identified in the complaint. Including accurate contact information for each party helps the federal court manage correspondence about the pending case.
Step 3. Add the Civil Action Number
Enter the case number assigned by the court. This number appears on all federal court forms and documents filed in the action. If you have not yet received a case number, leave this field blank and the court will assign one when you file the complaint. Federal courts assign these numbers sequentially, so your pending filing will receive the next available number.
Step 4. Review the Response Deadline
The summons includes pre-printed language about response deadlines. Confirm the correct timeframe applies to your defendant. Most defendants have 21 days after receiving the summons to file an answer or a motion under Rule 12 of the Federal Rules of Civil Procedure. The United States, its agencies, or its officers receive 60 days. Missing this deadline is a common legal error that can lead to an unfavorable judgment in the civil action.
Step 5. Complete the Proof of Delivery
Page two of the AO 440 Summons is the proof of delivery section. The person who delivers the summons fills out this page after the process is complete. Record the date of delivery, the title and name of the individual who received the forms, and the method used. Acceptable methods include personal delivery to the defendant, leaving copies with a person of suitable age at the defendant's residence, or handing the forms to an authorized agent. If you used certified mail, note the date and attach the return receipt as supporting information.
Step 6. Obtain the Court Signature
The summons is not valid until a court official signs it and applies the court seal. After filling out the form, submit it along with your complaint and the required civil action cover sheet. The official will review the forms, sign the summons, and return the copies you need for delivering the legal documents to the defendant.
Frequently Asked Questions About the AO 440 Summons
What is the AO 440 Summons used for?
The AO 440 Summons is a federal court form that initiates the notification process in a civil action. It tells the defendant that a lawsuit has been filed and explains the deadline for filing a response. All United States District Courts use this summons when a plaintiff begins a civil action.
Where can I download the AO 440 Summons form?
You can fill out and download the AO 440 form directly on FormsPal. The federal judiciary also publishes blank forms on the U.S. Courts website. FormsPal offers a fillable PDF editor that lets you complete all 31 fields online before downloading the finished document.
How many copies of the summons do I need?
You typically need one original summons for the court plus one copy for each defendant named in the civil action. If your case names three defendants, prepare four copies of the summons along with four copies of the complaint. The court retains the original forms and returns the signed copies for you to deliver.
What happens if the defendant does not respond to the summons?
If the defendant fails to respond within the deadline stated on the summons, the plaintiff can request a default judgment. This means the federal court may rule in the plaintiff's favor without holding a trial. The court expects all parties in a civil action to follow the deadlines outlined in the summons and related forms.
Common Mistakes to Avoid
Leaving party names incomplete or misspelled on the summons can delay the entire legal process. Double-check that each name matches the complaint exactly. Failing to fill out the proof of delivery section after providing the forms to the defendant means the court has no record that proper notification occurred. Always complete page two promptly and file it with the federal court. If you need to apply for reduced court costs, FormsPal also offers an application fee waiver form. You can browse our full library of federal legal forms for other documents your civil action may require.