Code of Civil Procedure § 412.20 – Contents of Summons
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Code of Civil Procedure § 412.20 – Contents of Summons
Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34]
( Part 2 enacted 1872. )TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 – 418.11]
( Title 5 added by Stats. 1969, Ch. 1610. )CHAPTER 3. Summons [412.10 – 412.30]
( Chapter 3 added by Stats. 1969, Ch. 1610. )California Law
412.20.
(a) Except as otherwise required by statute, a summons shall be directed to the defendant, signed by the clerk and issued under the seal of the court in which the action is pending, and it shall contain:
(1) The title of the court in which the action is pending.
(2) The names of the parties to the action.
(3) A direction that the defendant file with the court a written pleading in response to the complaint within 30 days after summons is served on him or her.
(4) A notice that, unless the defendant so responds, his or her default will be entered upon application by the plaintiff, and the plaintiff may apply to the court for the relief demanded in the complaint, which could result in garnishment of wages, taking of money or property, or other relief.
(5) The following statement in boldface type: “You may seek the advice of an attorney in any matter connected with the complaint or this summons. Such attorney should be consulted promptly so that your pleading may be filed or entered within the time required by this summons.”
(6) The following introductory legend at the top of the summons above all other matter, in boldface type, in English and Spanish:
“Notice! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read information below.”
(b) Each county may, by ordinance, require that the legend contained in paragraph (6) of subdivision (a) be set forth in every summons issued out of the courts of that county in any additional foreign language, if the legend in the additional foreign language is set forth in the summons in the same manner as required in that paragraph.
(c) A summons in a form approved by the Judicial Council is deemed to comply with this section.
(Amended by Stats. 1989, Ch. 1105, Sec. 6.)
California Law Summary
This statute outlines the requirements for issuing a summons in a civil action. Specifically, it provides that:
A summons must be directed to the defendant,
It must be signed by the clerk of the court,
It must be issued at the request of the plaintiff, and
It must contain the court’s seal, the court’s name and address, and identify the parties to the action.
Purpose
To formally notify the defendant that a legal action has been initiated and to compel a response within a specified time. The summons serves as the official notice of a lawsuit, ensuring due process by providing clear and consistent information about the case and the required response.
Application
This statute applies at the initiation of any civil lawsuit. The plaintiff must:
Request issuance of the summons from the court clerk,
Ensure the summons complies with statutory requirements,
Serve the summons with the complaint on the defendant.
An improperly issued or defective summons may render service invalid, which can delay proceedings or result in dismissal for lack of proper notice.
