(a) The summons shall state the name and location of the court in which the action is brought, as well as the names of the parties, and shall comply with all provisions of the UCCA applicable to summonses.
(b) The following form shall be used in actions pursuant to UCCA 902(a)(1), where a formal complaint is not served:
| _______COURT OF THE CITY OF ________ | ||
| COUNTY OF_____________________ | ||
| _____________________ | ||
| Index No. ____ | ||
| ) | ||
| Plaintiff, | ) | SUMMONS |
| ) | Plaintiff’s Residence | |
| -against- | ) | Address: |
| ) | ||
| ) | ||
| Defendant, | ) | The basis of the venue designated is: |
| ) | ||
| ______________________________________ | ||
| To the above named defendant: | ||
YOU ARE HEREBY SUMMONED and required to appear in the…..Court of the City of, ….. located at ….., in said City, County of ….., State of New York, either (i) by serving an answer* within 10 days after service of this summons upon you, exclusive of the day of service, upon plaintiff’s attorney, at the address stated below, or if there is no attorney, upon the plaintiff at the address stated above, or (ii) by appearing at the clerk’s office within 10 days after service of this summons upon you, exclusive of the day of service, by having the clerk of the court endorse your answer upon this summons; upon your failure to answer, judgment will be taken against you for the sum of $….. with interest thereon from the ….. day of ….., 19 ….., together with the costs of this action.
Dated: the_____ day of _____, 19_____
| Statement of the nature and substance of plaintiff’s cause of action: | _______________________________ Attorney(s) for Plaintiff Post-office Address Telephone Number | |
| (or, alternatively | ||
| _____________________________ | ||
| Clerk of the __________________________ | ||
| Court of the City of____________________ | ||
[FNa1] You need not physically go to the court to serve an answer under option (i).
(c) In a case where a formal complaint is annexed to the summons, the following form of summons, with all blank spaces appropriately filled in, is to be used:
| ________COURT OF THE CITY OF ________ | ||
| COUNTY OF_____________________ | ||
| _____________________ | ||
| Index No. ____ | ||
| ) | ||
| Plaintiff, | ) | SUMMONS |
| ) | Plaintiff’s Residence | |
| -against- | ) | Address: |
| ) | ||
| ) | ||
| Defendant, | ) | |
| ) | ||
| ______________________________________ | ||
| To the above named defendant: | ||
YOU ARE HEREBY SUMMONED and required to appear in the…..Court of the City of ….. , located at ….., in said City, County of ….., State of New York, by serving an answer* to the annexed complaint upon plaintiff’s attorney at the address stated below, or if there is no attorney, upon the plaintiff at the address stated above, within the time provided by law as noted below; upon your failure to so answer, judgment will be taken against you for the relief demanded in the complaint, together with the costs of this action.
Dated: the _____ day of _____, 19 _____
| Attorney(s) for Plaintiff Post-office Address Telephone Number |
Note: The law provides that:
(1) if this summons is served by its delivery to you personally within the County of….., you must answer within 10 days after such service; or
(2) if this summons is served by delivery to any person other than you personally, or is served outside the County of….., or by publication, or by any means other than personal delivery to you within the County of ….., you are allowed 30 days after service is complete within which to answer.
__________________________
*You need not physically go to the court to serve an answer.
Historical Note
Sec. filed Jan. 9, 1986; amd. filed May 4, 1992 eff. April 28, 1992. Amended (d).
Deleted (d) on Aug. 9, 2007