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When a lawsuit is filed, a summons is issued to inform the defendant and explain how to respond. The defendant must prepare a written response, file it with the court, and appear in court if required. Failure to respond can result in a default judgment or arrest warrant.
When a claim is filed with a court that initiates a lawsuit, a writ is typically filed with the claim. The purpose of the summons is to inform the defendant that the lawsuit has been filed and to explain what the defendant must do to respond to the lawsuit. The summons may also include a date and time when the defendant is due to appear in court. In order to preserve their rights to defend the suit, the defendant must respond to a subpoena within the time allotted by the laws of the jurisdiction in which the suit was filed.
Technically, the defendant must respond to the complaint, not the summons; however, many people refer to the process as a response to the summons. There are two vital issues involved when a defendant must respond to a subpoena. The first question is whether or not a court appearance is necessary, and the second is how long the defendant has to respond to a subpoena. Close attention should be paid to the summons to ensure that the instructions are followed correctly.
To respond to a subpoena, the defendant must prepare a written response to the complaint. The response must contain a response to each of the allegations contained in the complaint. Typically, the defendant must agree, deny, or plead lack of sufficient information to form an opinion, regarding each allegation. Furthermore, the reply must contain any affirmative defenses that the defendant has to the allegations contained in the complaint. Affirmative defenses vary by jurisdiction, but include elements such as payment, contributory negligence or fraud.
Once the defendant has prepared the written response, it must be filed with the court within the time allowed. Also, a copy must be officially served on the plaintiff. If the defendant fails to respond to the summons in a timely manner, the plaintiff can ask the court to issue a default judgment against the defendant. A default judgment essentially gives the plaintiff what he was asking for in the complaint without the defendant having an opportunity to defend their position.
In addition to filing a written response, the other important step when a person is required to respond to a subpoena is to appear in court on the specified date and time. Not all subpoenas require a court appearance; however, if the summons requires an appearance, failure to appear could result in an arrest warrant being issued for the defendant. If the defendant is unable to attend for any reason, a court referral should be filed well in advance.
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