Adversary Summons

12/30/2014

 

Fed. R. Bankr. P. 7004

 

 

The summons is a writ (i.e., a formal command issued by the court) which accompanies the complaint and notifies the defendant(s):

  • of the names and parties
  • of the court in which the adversary proceeding has been filed, and
  • that a response to the complaint is required within a certain time limit

 

Issuance:

Clerk prepares and issues the summons to the plaintiff.  The clerk may sign, seal, and issue a summons electronically by putting /s/ before the clerk’s name and including the court’s seal on the summons. See  Fed R. Bankr. P. 7004(a)(2)   
 

Service:

 

Once the summons is docketed/issued by the clerk’s office the plaintiff must:

 

  • ECF User - print/download the summons from the NEF email notification; serve the summons and complaint on the defendant(s)
  • Non ECF User - upon receiving the summons from the clerk serve the summons and complaint on the defendant(s)

 

The plaintiff is the responsible to serve the summons and the complaint o the defendant(s). See Fed. R. Bankr. P. 7004(a) 

 

Summons and complaint must be served within 7 days of the issuance of the summons.  If service is not perfected within 7 days a request to reissue an alias summons must be filed. See. Fed. R. Bankr. P. 7004(e) and Summons - Reissued/Alias Summons

 

The defendant has 30 days to file an answer or other responsive pleading, except when a different time is prescribed by the court.  The United States or an officer or agency thereof has 35 days. See Fed. R. Bankr. P. 7012(a) and Answer to Complaint

 

Note:

Only the clerk is authorized to electronic issuance a summons.   The defendant must serve the summons and complaint as specified in Fed. R. Bankr. P. 7004(b).