What Is a Summons?
A summons is the official court document that notifies a defendant a lawsuit has been filed against them and commands them to respond within a set time. It is issued by the clerk of court and served on the defendant together with a copy of the complaint. Proper service of the summons is what gives the court personal jurisdiction over the defendant.
How Service Works in Florida
Under Florida Rule of Civil Procedure 1.070 and Chapter 48 of the Florida Statutes, the summons and complaint must be delivered to the defendant in a legally recognized way — usually by personal delivery from a sheriff or a certified process server. A defendant in a typical Florida civil case generally has 20 days after service to file a response.
Why It Matters
- It provides constitutionally required notice and an opportunity to be heard
- It starts the clock on the defendant's deadline to answer
- If a defendant ignores a properly served summons, the plaintiff may seek a default judgment
- Defective service can be challenged and may invalidate a judgment
Related Terms
- Service of Process — How a summons is legally delivered
- Default Judgment — The risk of ignoring a summons
Barnes Walker Litigation
Barnes Walker's litigation attorneys handle service of process, jurisdictional challenges, and civil litigation throughout Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC