We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
What is an Alias Summons? A Comprehensive Legal Overview
Definition & Meaning
An alias summons is a legal document issued by a court to notify a person that a complaint has been filed against them, particularly when the initial attempt to serve a summons was unsuccessful. This type of summons serves as a second notice, allowing the plaintiff to continue pursuing their case. It is also referred to as a pluries summons, which generally indicates any additional summons issued in a legal proceeding.
Table of content
Legal Use & context
Alias summonses are commonly used in civil litigation, where a plaintiff needs to inform a defendant about a lawsuit. If the first summons is not served, the plaintiff can request an alias summons to ensure the defendant is properly notified. This process is essential for maintaining the integrity of legal proceedings and ensuring that defendants have the opportunity to respond to complaints.
Users can manage this process themselves using legal templates from US Legal Forms, which provide the necessary documents and guidance for issuing an alias summons.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) A plaintiff files a lawsuit against a defendant but learns that the first summons was not delivered. The plaintiff can request an alias summons from the court to attempt serving the defendant again.
Relevant laws & statutes
One relevant statute regarding alias summons is found in many state laws, such as:
"If the summons is returned without being served upon any or all of the defendants, the justice, upon the demand of the plaintiff, may issue an alias summons in the same form as the original."
This statute allows for multiple alias summonses to be issued within a year from the date of filing the complaint.
State-by-state differences
State
Alias Summons Rules
California
Allows for multiple alias summonses within a year, similar to general practice.
New York
Requires specific forms to be used for alias summons and has strict timelines for service.
Texas
Permits alias summons but has different rules regarding service methods and timelines.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Summons
A document notifying a defendant of a lawsuit.
An alias summons is issued after the original summons fails to reach the defendant.
Pluries Summons
Another term for an additional summons.
Alias summons is a specific type of pluries summons issued after a failed attempt to serve.
Common misunderstandings
What to do if this term applies to you
If you receive an alias summons, it is important to respond promptly. Here are steps to take:
Read the summons carefully to understand the allegations against you.
Consult with an attorney if you have questions or need assistance.
Prepare and file your response within the specified time frame.
Consider using US Legal Forms to access templates for your response and other related documents.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.