Rule 112 - Case Number and Filing Date; Issuance of a Summons by the Court; Content of a Summons; Notice to Defendant; Replacement Summonsa.Case number and filing date. The court will provide a case number for a complaint when it is filed, and it will stamp on the complaint the date that it is filed. [ARCP 4(a)] b.Issuance of the summons. A summons is a document issued by the court when a complaint is filed that requires a defendant to file a response to the complaint. A summons must be the same as the form that is available under Rule 148(b). The court will issue one summons for each defendant named in the complaint, including a defendant identified by a fictitious name under Rule 110(b), and will provide the summons to the plaintiff for service on each defendant. The plaintiff must arrange for service of a copy of the summons and complaint on each defendant as provided by Rule 113. A CASE OR CLAIM AGAINST A DEFENDANT CANNOT PROCEED WITHOUT PROPER SERVICE.[ARCP 4(a), (c)] c.Content of the summons. The summons commands each defendant to file a written response to the complaint with the court within the time period stated in the summons. The summons must notify each defendant that, if a response to the complaint is not filed within the time period stated in the summons, the plaintiff may ask the court to enter a default judgment against the defendant, as provided in Rule 140. [ARCP 4(b)] d.Notice to defendant. Before serving the summons and complaint, the plaintiff must attach to each summons a "notice to defendant" as shown in Rule 148(b). The court may not grant a default judgment against a defendant unless the affidavit of service or other proof of service establishes that the notice to defendant was served upon the defendant with the summons and complaint. This requirement does not apply to service by publication. [See Rule 5(c)(5), Rules of Procedure for Eviction Actions]e.Replacement summons. The court will issue a replacement summons if needed and upon request. [ARCP 4(b)] Just. Ct. R. Civ. proc. 112
Adopted Aug. 30, 2012, effective 1/1/2013.