Article Guide
The New York Court Summons form serves as a crucial document in initiating legal proceedings, specifically within the Supreme Court of the State of New York. Designed for use in various civil actions, this form must be completed meticulously, as both pages require attention and must be filled out in black ink. Importantly, it is not applicable for divorce actions. The form identifies the plaintiff and defendant, including spaces for names and addresses, ensuring that all parties are clearly specified. It outlines the responsibilities of the defendant, emphasizing the necessity to respond within a specific timeframe—20 days if served personally, or 30 days if not. Failure to respond can lead to a default judgment against the defendant, which is a significant consequence that underscores the importance of timely action. Additionally, the form provides a section to describe the nature of the case and the relief sought, whether that be monetary damages or other forms of relief. Lastly, it designates the venue for the trial, which can be based on the residence of either party or other applicable factors, thereby establishing the jurisdictional parameters of the case.
Preview - New York Court Summons Form
[Print in black ink to fill in the spaces next to the instructions. Both pages must be completed. This summons cannot be used for divorce actions.]
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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SUMMONS WITH NOTICE |
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[Your name(s)] |
Plaintiff(s) |
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_____________,20
Date Index No. purchase
__________________________________________,
[Name(s) of party being sued] Defendant(s)
To the Person(s) Named as Defendant(s) above:
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to appear in this action
by serving a notice of appearance on the plaintiff(s) at the address set forth below, and to do so within 20 days after the service of this Summons (not counting the day of service itself), or within 30 days after service is complete if the summons is not delivered personally to you within the State of New York.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer or appear, a judgment will be entered against you by default for the relief demanded below.
Dated: _____________, 20__
[Your name(s)]
[Date of summons]
[Your address(es)and telephone no.(s)]
Defendant(s) ____________________________________________________________
[Address(es) of party being sued]
Notice: The nature of this action is [briefly describe the nature of your case against the defendant(s), such as, breach of contract, negligence]:
The relief sought is [briefly describe the kind of relief you are asking for, such as, money damages of $25,000]
Should defendant(s) fail to appear herein, judgment will be entered by default for the sum of [amount of money demanded], with interest form the date of [date from which interest on the amount demanded is
claimed] and the costs of this action.
Venue:
Plaintiff(s) designate Queens County as the place of trial. The basis of this designation is [check box that applies]:
Plaintiff(s) residence in Queens County
Defendant(s) residence in Queens County
Other [See CPLR Article 5]:
Form Characteristics
| Fact Name | Details |
|---|---|
| Form Usage | This summons form is specifically designed for civil actions in New York, excluding divorce cases. |
| Filing Requirements | Both pages of the form must be completed and printed in black ink before submission. |
| Response Time | Defendants have 20 days to respond after service, or 30 days if the summons is not delivered personally. |
| Consequences of Non-Response | If a defendant fails to appear, a default judgment may be entered against them for the relief sought. |
| Governing Law | This form is governed by the New York Civil Practice Law and Rules (CPLR), particularly Article 5 regarding venue. |
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