Last updated: 3/25/2016
Summons In A Civil Action (Southern District) {AO 440}
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Description
AO 440 - SUMMONS IN A CIVIL ACTION. This form is issued by the United States District Court for the Southern District of California. It notifies the defendant(s) named in a civil lawsuit about the commencement of legal proceedings against them. The summons specifies that the defendant(s) must respond 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. The summons warns that failure to respond within the specified time may result in a default judgment being entered against the defendant(s) for the relief requested in the complaint. The form also provides instructions on how the defendant(s) should serve their answer or motion on the plaintiff or plaintiff's attorney, and emphasizes the requirement to file the answer or motion with the court. The form includes a section for proof of service, where the server declares under penalty of perjury the method of serving the summons to the defendant(s) and any relevant details regarding the service. This section outlines different methods of service, such as personal service, service at the defendant's residence with someone of suitable age and discretion, or service on an authorized agent of the defendant(s). www.FormsWorkflow.com