Alabama

Civil Procedure

Form 1A – Summons

(THIS SUMMONS IS TO BE USED WHEN SERVICE IS BY A METHOD OTHER THAN CERTIFIED MAIL)

IN THE CIRCUIT COURT FOR _______ COUNTY, ALABAMA

A. B., Plaintiff

V.

C. D., Defendant

CIVIL ACTION NO. ______

SUMMONS

To any sheriff or any person authorized by either Rule 4.1(b)(2) or 4.2(b)(2) or 4.4(b)(2) of the Alabama Rules of Civil Procedure to effect service.

You are hereby commanded to serve this summons and a copy of the complaint in this action upon defendant _______ (Here supply information from the appropriate box which has heretofore been checked by the attorney for the Plaintiff on the Service Instructions.)

NOTICE TO DEFENDANT

The complaint which is attached to this summons is important and you must take immediate action to protect your rights. You are required to mail or hand deliver a copy of a written Answer, either admitting or denying each allegation in the complaint, to ____, the lawyer for the Plaintiff(s), whose address is:______,THIS ANSWER MUST BE MAILED OR DELIVERED WITHIN THIRTY (30) DAYS AFTER THIS SUMMONS AND COMPLAINT WERE DELIVERED TO YOU OR A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE MONEY OR OTHER THINGS DEMANDED IN THE COMPLAINT. You must also file the original of your Answer with the Clerk of this Court within a reasonable time afterward.

______________________ Clerk of Court

Dated _________

* * *

RETURN ON SERVICE

Received this summons at _______ on _______ and on _______ at _______ I served it on the within named ____ by delivering a copy of the process and accompanying documents to him.

Dated ____, 19__.

_________________________

Process Server signature

Type of process server ________

(Sheriff, Dep. Sheriff, Constable)

Address: _______________

Telephone No.: ______________

Adopted 10-14-76, eff. 1-16-77.

Committee Comments

This summons is issued pursuant to Rule 4.

Except where otherwise indicated, each pleading, motion, or other paper should have a caption similar to that of the summons, with the designation of the particular paper substituted for the word “Summons.” In the caption of the summons and in the caption of the complaint all parties must be named, but in other pleadings and papers, it is sufficient to state the name of the first party on either side, with an appropriate indication as to the names of the other parties. See Rules 4(b), 7(b)(2), and 10(a).