Colorado Federal Court Summons or Service of Process

State:
Multi-State
Control #:
US-03185BG
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PDF
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Description

Service of process or a summons usually involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:

A. That the defendant is being sued;
B. The name of the Court in which he is being sued;
C. When he must file an answer; and
D. The fact that a default judgment will be entered if no answer is filed.


The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper. The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

(1) A defendant shall file his answer or other response within 21 days after the service of the summons and complaint.

Citations refer to parking tickets, while a summons is a notice to appear for a criminal offense, he said.

The summons is a form created by the court which notifies the party that an action has been filed against him, her or it, notifies him, her or it of the need to appear, and is attached to the Complaint or Petition that is personally served upon the defendant at the beginning of the case.

Summons. The summons provides a date by which the defendant (the person being sued) must respond to the complaint. It also includes the date and time of appearance and the location of the court. The summons is issued by the clerk of court. Also, lawyers can issue summons.

If a defendant is not served within 26 weeks after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--shall dismiss the action without prejudice against that defendant or order that service be made within a specified time.

Rule requires that, unless subpoenaed witness and other parties consent to an alternate arrangement or by other court order, subpoenaed documents be produced only at the deposition, hearing, or trial specified in the subpoena.

Service of a Summons and Complaint is a process to compel someone to appear in court to defend him/her/itself against a lawsuit.

The first thing you must do is make a copy of the summons and the petition or complaint. Next, you must find a process server, which is simply someone who will take the documents to the other party. You can have service of process performed for a fee, if you contact the Sheriff's Department.

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Colorado Federal Court Summons or Service of Process