Summons
An official court document that notifies a person they are being sued and tells them how and when to respond.
A summons is a formal document that notifies a person or business that they are being sued. It is one of the first documents served in a civil lawsuit, typically delivered along with the complaint (which explains what the lawsuit is about).
What a summons tells you:
- Who is suing you (the plaintiff)
- What court the case is in
- How long you have to respond (in Minnesota, typically 20 days if served in person, or 23 days if served by mail within the state)
- What happens if you do not respond (a default judgment may be entered against you)
Important things to know:
- Do not ignore a summons. If you fail to respond within the deadline, the court can enter a default judgment against you, meaning the other side wins automatically.
- How it is delivered: A summons must be properly served, usually by personal delivery from a process server, sheriff, or another adult who is not part of the case.
- Civil vs. criminal: In civil cases, a summons notifies you of a lawsuit. In criminal and traffic cases, a summons may order you to appear in court on a specific date.
Example: A homeowner sues a contractor for defective work. A process server delivers the summons and complaint to the contractor at their office. The summons states that the contractor has 20 days to file an answer with the court or risk a default judgment.
At the very start of a civil lawsuit, when someone is officially notified that a case has been filed against them.