Adversary - Summons

SUMMONS

 

Overview:

 

After an adversary proceeding is opened and verified, the court will issue a summons to be served by the plaintiff (pro se) or plaintiff's attorney on the defendant(s).  The plaintiff must serve the summons within 14 days of its issuance.  (FRBP 7004(e)).  The plaintiff also must file a certificate of service with the court evidencing proper service of the summons and complaint (FRCP 4(l)).  A paper copy of the complaint and summons must be served regardless if the filing was electronic.  If not served within 120 days from the date of the complaint the action may be dismissed (FRCP 4(m)).

A summons is a writ used to notify the defendant(s) of the commencement of the adversary action and the requirement to appear and answer.

 

Codes, Rules and Forms:

 

Bankruptcy Code:

None

Bankruptcy Rule:

7004

FRCP:

4

Local Rule:

7041-1 & 7055-1

Local Form:

None

 

 

I.  Noticing:

A.Type:                    Summons – 30 day answer date from issuance or 35 days if the United States is named is a defendant.

B.Who Serves:        Movant           

C.Service:               Defendant, Defendant’s Counsel, T, UST, and P