In the realm of civil litigation, the Summons Complaint form serves as a critical first step in the judicial process, outlining the procedural pathway for defendants to respond to legal actions initiated against them. Issued by the New York County Supreme Court, Civil Branch, this document offers invaluable guidance, particularly addressing defendants on how to appropriately react upon receiving a summons with notice or a summons and complaint. It underscores the importance of timely responses, a necessity to avoid default, which could lead to an unfavorable default judgment against the defendant. The document further elaborates on the transition towards electronic filing (e-filing) within New York's court system, making it mandatory for most civil actions to be initiated and subsequently handled through the New York State Courts Electronic Filing System (NYSCEF), albeit with exceptions and provisions for those unrepresented by an attorney to opt-out. Additionally, the form delineates the preparation and filing of an answer to the complaint, detailing the need for a defendant to admit, deny, or express a lack of knowledge regarding each allegation made by the plaintiff. Moreover, it discusses the strategic use of motions, particularly the motion to dismiss, as a means for defendants to challenge the legal sufficiency of the complaint or the manner in which the summons was served. This systematized approach not only helps to structure the early stages of a civil lawsuit but also emphasizes the rights and responsibilities of the parties involved, ensuring they are well-informed about the procedures that govern the litigation process.
| Question | Answer |
|---|---|
| Form Name | Summons Complaint Form |
| Form Length | 9 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 2 min 15 sec |
| Other names | how to to respond summons, ny how summons complaint, answer form for summons, summons and complaint new york template |
SUPREME COURT, CIVIL BRANCH
New York County
60 Centre Street, New York, N.Y. 10007
HELP CENTER
Room 116
How to Respond to a Summons and Complaint
Note: All persons involved in a lawsuit should consult an attorney. This office gives you information, forms and instructions on court procedures. As an office of this court, we cannot give legal advice or act as your advocate.
After a summons with notice or summons and complaint are served, a defendant must respond in writing within a limited period of time. The response is sent to the plaintiff’s attorney or directly to the plaintiff if the plaintiff is unrepresented. The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete. If defendant fails to respond, he or she is in default and plaintiff may be able to obtain a default judgment against the defendant for the relief requested.
Electronic Filing
The New York State Unified Court System operates an electronic filing system for cases filed and litigated in various state courts, including the New York State Supreme Court. This system is the New York State Courts Electronic Filing System (“NYSCEF”).
In New York County Supreme Court, Civil Branch, electronic filing is mandatory. That is, new cases must, with four exceptions (matrimonial, Article 78, election law, and mental hygiene law matters), be commenced through the NYSCEF system and filings with the court thereafter must be filed through NYSCEF. Thus, a person seeking to commence a new civil action or special proceeding (other than one covered by one of the exceptions) must file the commencement documents with the County Clerk of New York County through the NYSCEF system. Subsequent filings with the court after commencement, such as the submission of motion papers, must be filed via NYSCEF.
Although
1 |
Summons.Complaint - 1/2014 |
Unrepresented parties who opt out of
Information on how the NYSCEF system works can be found on the NYSCEF website at www.nycourts.gov/efile.
The following assumes that the filer has opted out of
How to Avoid a Default
To avoid a default, where a summons with notice was served, a defendant must prepare a notice of appearance and have it served on plaintiff or plaintiff’s attorney within the applicable deadline. A notice of appearance indicates that defendant will appear on his or her own behalf. A corporation must appear through an attorney. See Civil Practice Law and Rules (CPLR) 321(a).
A defendant must have plaintiff served with a copy of the notice of appearance (see attached). The original, with proof of service, must be timely filed in the General Clerk’s Office, 60 Centre Street, Room 119, 1st floor to avoid defaulting.
A summons with notice lacks details about the plaintiff’s claims. Therefore, the defendant’s notice of appearance usually includes a demand for a complaint. The complaint describes the plaintiff’s case in detail. This demand requires the complaint to be served within 20 days from the date of service of the demand.
Once a complaint has been served, whether with a summons at the outset or in response to a demand, the defendant must respond by having the plaintiff served with an answer or a motion, usually, a motion to dismiss.
The Answer
An answer, like a complaint, states a party’s position regarding the case. (See attached example of an answer).
First, the answer contains the caption of the case. The body of the answer consists of a series of numbered paragraphs. A defendant must respond to each allegation in the complaint by either:
a)admitting its truth; or
b)denying its truth; or
c)denying that the defendant has sufficient knowledge or information to know whether the allegation is true or false.
2 |
Summons.Complaint - 1/2014 |
The law treats each allegation of a complaint that is not responded to as having been admitted.
The answer may, and sometimes must, contain affirmative defenses. A defendant needs to be careful not to waive (give up) any defenses. See CPLR 3211(e) and CPLR 3018(b). Certain defenses, such as lack of proper service of the summons and complaint, are waived if the defendant does not either assert them in a written answer or make a motion to dismiss prior to service of an answer. See CPLR 3211.
An answer to the complaint may also contain a counterclaim. A counterclaim seeks relief (for example, money damages) against the plaintiff. Counterclaims should be set forth in a separate section titled “COUNTERCLAIMS” after the portion of the answer described above. Counterclaims resemble the format of a complaint.
A defendant may assert claims against a fellow defendant or several defendants. These are known as cross claims and also follow the initial responses contained in the answer.
There shall be a response (a reply) to a counterclaim designated as such and to a cross claim (an answer) if the cross claim contains a demand therefor.
Generally, if the complaint has been sworn to (verified), then the answer must be verified as well. See CPLR 3020. In any event, the answer must be signed by defendant’s attorney or by defendant if unrepresented.
A copy of the answer must be served upon the plaintiff’s attorney or upon an unrepresented plaintiff and upon all other parties. Unlike service of papers initiating a lawsuit, an answer may be served by mail by someone (not you) over the age of eighteen, who is not a party to the case. See CPLR 2103(a). A sample of an affidavit of service is attached. Although it is not required, it is permissible for the defendant to file the original answer with the original affidavit of service annexed in the County Clerk’s Office, 60 Centre Street, Room 141B, in the basement.
The Motion to Dismiss
A motion is a request to the court that is made within an existing lawsuit and that seeks to have the court take some action concerning that lawsuit. A $45 filing fee is required to be paid by the party making a motion when submitting motion papers to the court.
Instead of responding to the complaint with an answer, the defendant may make a motion to dismiss the complaint. This motion must be made in timely fashion or the defendant will be in default.
A motion to dismiss may be used when a defendant believes the complaint fails to state a basis for a legal claim; or that the summons and complaint or summons with notice were not properly served; or that the lawsuit was not commenced on time; or for some other appropriate reason.
A timely motion to dismiss pursuant to CPLR 3211(a) extends a defendant’s time to serve the answer. If the motion is denied, the case will continue, and the defendant must prepare an
3 |
Summons.Complaint - 1/2014 |
answer and have it served within 10 days from the date that the order denying the motion is served by the plaintiff upon the defendant with notice of entry. See CPLR 3211(f). A notice of entry is a simple,
For information on making a motion, see the pamphlet How to Make a Motion, available in Room 116.
4 |
Summons.Complaint - 1/2014 |
[Serve a copy on plaintiff’s attorney, or if there is none, on plaintiff. Then file original, with proof of service, in the General Clerk’s Office, Room 119]
SUPREME COURT OF THE STATE OF NEW YORK |
|
|
COUNTY OF NEW YORK |
|
|
x |
Index Number |
|
_________________________________________________, |
___________________________ |
|
[fill in name(s)] |
Plaint if f (s), |
|
- against - |
|
NOTICE OF APPEARANCE |
_________________________________________________, |
|
|
[fill in name(s)] |
Def endant (s). |
|
x |
|
|
Sir / Madam:
PLEASE TAKE NOTICE t hat t he undersigned Def endant hereby appears in t he
act ion and demands t hat a copy of t he Verif ied Complaint and all ot her papers in t his act ion be
served upon t he Def endant at t he address st at ed below :
Dat ed: _________________________, 20___ |
____________________________________________ |
|
Def endant (Unrepresent ed) [sign your name] |
|
____________________________________________ |
|
[print your name] |
|
____________________________________________ |
|
____________________________________________ |
|
____________________________________________ |
|
____________________________________________ |
|
[your address and telephone number] |
To: At t orney f or Plaint if f / Plaint if f |
|
____________________________________________ |
|
____________________________________________ |
|
____________________________________________ |
|
____________________________________________ |
|
[name, address, telephone number] |
|
Summons.Complaint - 1/2014
This is only a sample of the form for an answer. Anyone seeking to serve an answer to a complaint must draft his / her own answer using the facts of his / her own case and the relevant law . Print or type, double spaced, using black ink only.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x |
|
|
|
|
Index Number |
_________________________________________________, |
|
|
[fill in name(s)] |
Plaint if f (s), |
________________________ |
- against - |
|
ANSWER |
_________________________________________________, |
|
|
[fill in name(s)] |
Def endant (s). |
|
x |
|
|
As and f or his / her answ er t o t he complaint herein, t he def endant , _____________________
_________________________, respect f ully show s and alleges as f ollow s [number separate paragraphs
below]:
_____. Admit s t he t ruth of the allegat ion(s) of Paragraph(s) ___________ of t he complaint .
_____. Denies know ledge or inf ormat ion suf f icient t o f orm a belief as t o t he t rut h of t he
allegat ion(s) of Paragraph(s) ________________________________________________ of t he complaint .
_____. Denies t he allegat ions of Paragraph(s) _________________________ of t he complaint .
_____. _____________________________________________________________________________
__________________________________________________________________________________________
Af f irmat ive Def enses
__________________________________________________________________________________________
__________________________________________________________________________________________
Count erclaims
__________________________________________________________________________________________
__________________________________________________________________________________________
Cross Claims
__________________________________________________________________________________________
__________________________________________________________________________________________
WHEREFORE, def endant prays t hat t his court dismiss the complaint of t he plaint if f herein, w it h cost s and disbursements t o def endant , t oget her w it h any ot her relief t he Court f inds t o be just
and proper. |
|
Dat ed: _________________, 20__ |
______________________________________ |
|
Signat ure |
|
______________________________________ |
|
Print name |
|
______________________________________ |
|
______________________________________ |
|
______________________________________ |
|
Address and Telephone Number |
Summons.Complaint - 1/2014
VERIFICATION
STATE OF NEW YORK
COUNTY OF ________________ ss:
_____________________________________________, being duly sw orn, deposes and says:
I am t he/a def endant in the
___________________________________________
[sign your name in front of a Notary]
___________________________________________
[print your name]
Sw orn t o before me t his
______ day of _________________, 20___
_____________________________________
Not ary Public
Summons.Complaint - 1/2014
SUPREME COURT OF THE STATE OF NEW YORK |
|
|
COUNTY OF NEW YORK |
|
|
x |
Index Number |
|
_______________________________________________, |
|
|
[fill in name(s)] |
Plaint if f (s), |
________________________ |
- against - |
|
|
|
|
AFFIDAVIT OF SERVICE AFTER |
_______________________________________________, |
COMMENCEMENT OF LITIGATION |
|
|
||
[fill in name(s)] |
Defendant (s). |
|
STATE OF NEW YORK, COUNTY OF ________________ ss:
I, [name of person who served papers] __________________________________________, being duly sw orn,
depose and say:
I am over 18 years of age and am not a part y t o this case.
I reside at [your address] ____________________________________________________________________________
On ___________________, 20__, [date of service], at ______ AM/PM [time of day], I served a t rue copy of
t he f ollow ing papers [identify papers served] _______________________________________________________________ |
|
_________________________________________________, in t he f ollow ing manner [check box that applies]: |
|
R Personal |
By personally delivering t he papers t o [identify person served] __________________________________ |
Service |
_______________ at [address] _________________________________________________________________ |
|||
|
The individual I served had t he f ollow ing charact erist ics [check one box in each category] |
|||
|
Sex |
Height |
Weight |
Age |
|
R Male |
R Under 5' |
R Under 100 lbs. |
R 21 - 34 years |
|
R Female |
R 5' 0" - 5' 3" |
R 100 - 130 lbs. |
R 35 - 50 years |
|
|
R 5' 4" - 5' 8" |
R 131 - 160 lbs. |
R 51 - 61 years |
|
|
R 5' 9" - 6' 0" |
R 161 - 200 lbs. |
R Over 61 years |
|
|
R Over 6' |
R Over 200 lbs. |
|
|
Color of skin [describe] _______________ Hair color _______________________________________ |
|||
|
Ot her ident if ying f eat ures, if any [describe]: ______________________________________________ |
|||
R Mail |
By mailing t he same in a sealed envelope, w it h post age prepaid t hereon, in a post of fice or of f icial |
|||
|
deposit ory of the U.S. Post al Service w it hin t he Stat e of New York, addressed t o t he last |
|||
|
address of t he addressee(s) indicat ed below : |
|
||
R Overnight |
By deposit ing t he same w it h an overnight delivery service in a w rapper properly addressed. Said |
|||
Delivery |
delivery w as made prior t o t he lat est t ime designat ed by the overnight delivery service f or overnight |
|||
Service |
delivery. The delivery service used w as [name of delivery service] ______________________________ |
|||
[Name(s) and address(es) of person(s) served by mail/overnight delivery] |
|
|||
_________________________________________________ |
_________________________________________________ |
|||
_________________________________________________ |
_________________________________________________ |
|||
_________________________________________________ |
_________________________________________________ |
|||
_________________________________________________ |
_________________________________________________ |
|||
Sw orn to bef ore me t his |
|
_____________________________________________ |
||
_____ day of __________________, 20__ |
[sign your name before a Notary] |
|||
____________________________________ |
_____________________________________________ |
|||
Not ary Public |
|
|
[print your name] |
|
Summons.Complaint - 1/2014