I got a summons from a federal court. What does it mean, and what do I do?

At a glance

Form

AO 440"Summons in a Civil Action"

Time to respond

21 daysAfter you were served, Rule 12(a)(1)(A)(i)

United States

60 daysFor the United States or a federal agency, Rule 12(a)(2)

After a waiver

60 daysFrom the date the request was sent; 90 if sent abroad

What is a summons in a federal case?

A federal civil case begins when the plaintiff files a complaint with the court (Rule 3). On or after filing it, the plaintiff presents a summons to the clerk; if the summons is properly completed, the clerk must sign, seal and issue it for service on the defendant (Rule 4(b)). A summons must be issued for each defendant to be served. Under Rule 4(a)(1), a summons must:

• Name the court and the parties, and be directed to the defendant.Rule 4(a)(1)(A), (B)
• Give the plaintiff's attorney, or the plaintiff if unrepresented, by name and address.Rule 4(a)(1)(C)
• State the time to respond: the time within which the defendant must appear and defend.Rule 4(a)(1)(D)
• Warn about default: a failure to appear and defend will result in a default judgment for the relief demanded in the complaint.Rule 4(a)(1)(E)
• Be signed by the clerk and bear the court's seal.Rule 4(a)(1)(F), (G)

How long do you have to respond to a federal summons?

The general rule is 21 days. A defendant must serve an answer within 21 days after being served with the summons and complaint (Rule 12(a)(1)(A)(i)). The federal summons form says the same, "not counting the day you received it", and lets you serve either an answer or a motion under Rule 12.

• Served with the summons: 21 days after you were served. Serve your answer or Rule 12 motion on the plaintiff or the plaintiff's attorney, and file it with the court.Fed. R. Civ. P. 12(a)(1)(A)(i)
• You returned a waiver in time: 60 days after the request was sent, or 90 days if it was sent to you outside any judicial district of the United States.Fed. R. Civ. P. 4(d)(3)
• The United States, a federal agency, or a federal officer or employee sued in an official capacity: 60 days after service on the United States attorney.Fed. R. Civ. P. 12(a)(2)
• A federal law sets another time: these periods apply unless another time is specified by a federal statute, so read the summons itself.Fed. R. Civ. P. 12(a)

To count: leave out the day you were served, count every day after it, including weekends and holidays, and include the last day. If the last day falls on a Saturday, Sunday or legal holiday, it moves to the next day that is not one. (Rule 6(a)(1)). The answer calculator counts it for you, and explains how to write the answer.

A request to waive service is not a summons

Instead of having you formally served, a plaintiff may mail you a notice of the lawsuit, a copy of the complaint and 2 copies of a waiver form, and ask you to waive service (Rule 4(d)). The notice form, AO 398, says it plainly: "This is not a summons, or an official notice from the court."

• You must be given at least 30 days after the request was sent to return the waiver, or at least 60 days if it was sent outside any judicial district of the United States.
• If you sign and return it in time, your answer is due 60 days after the request was sent, or 90 days if it was sent to you outside any judicial district of the United States. That is more time than after a summons.
• Waiving service does not waive any objection to personal jurisdiction or to venue (Rule 4(d)(5)). The waiver form says you keep all defenses or objections to the lawsuit, the court's jurisdiction and the venue, and give up only objections to the absence of a summons or of service.
• If you are in the United States and, without good cause, don't return a waiver that a plaintiff in the United States asked for, the court must make you pay the expenses later incurred in making service (Rule 4(d)(2)). A belief that the lawsuit is groundless is not good cause.

What happens if you don't respond to a summons?

The plaintiff can ask for a default. When a defendant has failed to plead or otherwise defend, and that is shown by affidavit or otherwise, the clerk must enter the defendant's default (Rule 55(a)). A default judgment can then follow: from the clerk, if the claim is for a sum certain, or from the court in other cases (Rule 55(b)).

The Southern District of New York explains what that means for a defendant: a default judgment means the plaintiff "wins" the case and can collect damages without ever having to prove the allegations. The court may set aside an entry of default for good cause, and a final default judgment under Rule 60(b) (Rule 55(c)), but that takes a motion and a reason.

If you are the plaintiff: getting a summons issued

1. 1File the complaint. A civil action is commenced by filing a complaint with the court (Rule 3). The federal complaint page covers the filing fee and fee waivers.
2. 2Fill in the summons form. Use AO 440, "Summons in a Civil Action", from uscourts.gov or your court's website, for each defendant to be served.
3. 3Present it to the clerk. On or after filing the complaint, present the summons to the clerk for signature and seal. If it is properly completed, the clerk must sign, seal and issue it (Rule 4(b)).
4. 4Serve it within 90 days. Have the summons and a copy of the complaint served on each defendant within 90 days after the complaint is filed (Rule 4(m)). See service of process.

How to check a federal summons

There are 94 U.S. district courts. A federal summons on form AO 440 shows:

• The court: the United States District Court for a named district.
• A civil action number for the case.
• The signature of the clerk or a deputy clerk, and the court's seal (Rule 4(a)(1)(F), (G)).
• A copy of the complaint with it (Rule 4(c)(1)).

You can look up a federal case on PACER, "Public Access to Court Electronic Records", by case number or party name, or ask the clerk's office of the court named on the summons. Every district court's website is on uscourts.gov's list of court websites. Clerk's office staff can answer general questions, but they cannot give you legal advice.

Free help, and when to talk to a lawyer

You can represent yourself: in all federal courts the parties may plead and conduct their own cases personally or by counsel (28 U.S.C. § 1654). But corporations and partnerships must be represented by an attorney. Many federal courts run help for people without lawyers. The Northern District of California has Legal Help Centers where an attorney can help you prepare documents and give limited legal advice; the Southern District of New York lists a free, limited-scope legal assistance project run by the City Bar Justice Center for plaintiffs and defendants who cannot afford a lawyer.

Common questions

Official sources

1. Form AO 440: Summons in a Civil Action (PDF) uscourts.gov
2. Federal Rules of Civil Procedure, as amended to December 1, 2025 (PDF) uscourts.gov
3. U.S. Courts: Federal Rules of Civil Procedure uscourts.gov
4. U.S. Courts: Civil cases uscourts.gov
5. Form AO 398: Notice of a Lawsuit and Request to Waive Service of a Summons (PDF) uscourts.gov
6. Form AO 399: Waiver of the Service of Summons (PDF) uscourts.gov
7. Form Pro Se 3: The Defendant's Answer to the Complaint (PDF) uscourts.gov
8. 28 U.S.C. § 1654: Appearance personally or by counsel govinfo.gov
9. U.S. Courts: Comparing federal and state courts uscourts.gov
10. U.S. Courts: Court website links uscourts.gov
11. N.D. Cal.: Representing Yourself in Federal Court, a handbook for pro se litigants (PDF, 2024) cand.uscourts.gov
12. S.D.N.Y.: Representing yourself in federal court (pro se) nysd.uscourts.gov
13. S.D.N.Y.: What happens if you are a named defendant nysd.uscourts.gov

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