2-21:  SUMMONS: Preparation, Submission, Service

A summons is an order for other parties to appear in court and file a response in a proceeding.  FRBP 7004(f) provides that the effect of serving a summons is to exercise personal jurisdiction over the person of the defendant.  

In some situations, the court will prepare and issue a summons which the initial party can download from the docket and serve on other parties.  In other situations, the party who seeks a summons is required to prepare and deliver a summons to the court for the court to insert information about the response deadline and the date/time/location of a status conference, and then file the summons on the docket.  

For plaintiffs (or involuntary petition creditors) who are registered CM/ECF users, they will receive an NEF and can then download the summons and serve it on defendants (or the involuntary petition debtor).  For plaintiffs (or involuntary petition creditors) who are not registered CM/ECF users, the court will mail a copy of the issued summons to the plaintiff or involuntary petition creditor.  

PREPARING A SUMMONS AND SUBMITTING IT TO THE COURT

1. Adversary Proceedings:  Pursuant to LBR 7004-1(a), plaintiffs do not need to lodge a Summons in order to have a Summons or "Another Summons" issued in an adversary proceeding.  The court will prepare the required Summons and place it on the docket of the adversary proceeding.  
2. Involuntary Bankruptcy Petitions:  Pursuant to LBR 1010-1, the creditors who file an involuntary petition must prepare and submit a summons to the court. 
3. Chapter 15 Provisional Injunction Proceedings.  In a chapter 15 case, while a petition for recognition of a foreign proceeding is pending, a foreign representative may seek provisional injunctive relief under Bankruptcy Code section 1519(a), that meets the standards and limitations of section 1519(e).

• The foreign representative in a chapter 15 case should contact chambers to see if requesting the reilef requires filing and adversary proceeding and serving a summons, along with a motion for preliminary injunction under FRBP 7065.  If an adversary proceeding and  summons is required, the clerk will prepare and issue a summons.
• It is possible the presiding judge may indicate that the provisional relief requested under section 1519(a) can be sought by motion pursuant to FRBP 9014 while still applying the test to obtain injunctive relief pursuant to section 1519(e). 
• See below for link to Bankruptcy Code chapter 15.  NOTE:  FRBP 1010(a) was amended in 2016 to eliminate the general requirement of serving a summons with a petition for recognition of foreign proceeding.  

SERVING A SUMMONS

1. Timing:  A summons must be served within 7 days of being issued, pursuant to FRBP 7004(e). 
2. Method of Service:  Please consult FRBP 7004 and FRCP Rule 4 to determine the method of serving a summons.
3. When Summons is Personally Served:  FRBP 7004(a) allows a summons to be personally served by a person who is at least 18 years of age and is not a party to the action. 

FILING A PROOF OF SERVICE OF A SUMMONS

1.  One Proof of Service per Party:  A separate proof of service must be filed for each party who is served with a summons.
2.  Event Code:  When filing the proof of service, use the event code "Summons Service Executed"