Summons

A summons is, simply put, a notice that a lawsuit has been filed against someone or some entity. As would be expected of any notice, the following applies:

• Every reasonable effort must be made to deliver the notification. This requires the person doing the notifying (referred to as the summoner, most often a county court sheriff) to deliver the notice in person. This is known as personal service. If personal service is impossible, then court rules may allow for delivery by certified or even regular U.S. mail.
• The summons must contain the name(s) of the party pursuing the lawsuit.
• Where and when the person being summoned must go in order to answer the lawsuit that has been filed against them.
• The time within which a response is required (or the recipient will lose the lawsuit).

In the event that all the preceding items are not included in the summons, then the summons is deemed to be “improper” and cannot be relied on as adequate “proper notice” by the person suing. A lawsuit cannot proceed without the person suing first proving that the other party has received proper notice. Proper notice in nearly every state includes receipt by the defendant of both the summons and complaint.

A summons is generally accompanied by a complaint. A complaint is a relatively detailed outline of the case written by the attorney for the complaining party. The summons is separate and apart from the complaint.

Summonses should not be confused with subpoenas, which are formal requests for documents and/or records in a legal case. Subpoenas may be delivered by hand or by other court-approved methods. Subpoenas may be delivered to nonparties and simply seek the information outlined in the subpoena along with a time frame for response. Subpoenas are issued directly by attorneys after a lawsuit has been filed, and, unless service is improper, must be answered as directed or attempts made to “quash” the subpoena in court.

Medical entities and medical professionals should be directed by their advisers to respond immediately to both subpoenas and a summons. This response, in every case, should be to contact their legal adviser. In the case of a medical malpractice (medical negligence) case, the summons should be referred to the malpractice insurance carrier and/or in-house counsel. In the case of another type of matter, the summons should be referred to an attorney who has agreed to represent the defendant. In some cases when lawsuits are expected, an attorney will often ask his or her client if the attorney may “accept service” in lieu of the defendant. If permission is forthcoming, then the defendant's attorney will receive the summons and complaint and the attorney will then contact his or her client with further legal advice.