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AO 440 (Rev. 06 and 12) Summons in a Civil Action

For issuing a summons related to a civil action, this form has to be used. The defendant has to answer the summons order after he/she receives it.

 

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AO 440 (Rev. 06/12)  Summons in a Civil Action	
U	NITED 	S	TATES 	D	ISTRICT 	C	OURT	
for the	
__________ District of __________ )
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Plaintiff(s)	
v. Civil Action No.	
Defendant(s)	
SUMMONS IN A CIVIL ACTION
To: 	
(Defendant’s name and address)	
A lawsuit has been filed against you.
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 moti on must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 
You also must file your answer or motion with the court.
CLERK OF COURT
Date:	
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12)  Summons in a Civil Action (Page 2)
Civil Action No.PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed\
. R. Civ. P. 4 (l))
This summons for 	
(name of individual and title, if any)	
was received by me on	  (date)	.
’ I personally served the summons on the individual at	
 (place)	
on 	(date)	; or
’ I left the summons at the individual’s residence or usual place of abode with 	
(name)	
, a person of suitable age and discretion who resides there,
on 	
(date)	, and mailed a copy to the individual’s last known address; or
’ I served the summons on 	
(name of individual)	, who is
 designated by law to accept service of process on behalf of 	
(name of organization)
on 	(date)	; or
’ I returned the summons unexecuted because ; or
’ Other 	
(specify):	
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:	
Server’s signature
Printed name and title
Server’s address	
Additional information regarding attempted service, etc:
Next: AO 441 (Rev. 07 and 10) Summons on Third-Party Complaint Previous: AO 455 (Rev. 01 and 09) Waiver of an Indictment
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