Summons and Complaint

Summons
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A summons is a notification that a lawsuit has been filed against someone; it would be served along with a complaint. The summons then notifies the defendant hat he has a certain amount of time to file an answer to the complaint.
Rule 1.303 Time for motion or answer to petition. 1.303(1) Unless otherwise provided, the defendant, respondent, or other party shall serve, and within a reasonable time thereafter file, a motion or answer within 20 days after the service of the original notice and petition upon such party.

SAMPLE SUMMONS IN THE COURT OF COMMONS PLEAS FOR THE STATE OF DELAWARE IN AND FOR _______________ COUNTY

Name (s)

) ) ) Plaintiff (s), v. ) ) ) Civil Action No. ) ) ) ) Defendant (s). )

Name (s)

TO THE SHERIFF OF YOU ARE COMMANDED:

COUNTY,

To Summon the above named defendant(s) and serve upon said defendant(s) a copy of this summons and complaint. TO THE ABOVE NAMED DEFENDANT(S): Within twenty (20) days after you receive this Summons, excluding the day you receive it, you must file an Answer to the attached Complaint if you want to deny the allegations. The original of your Answer must be filed with the Clerk s Office of the Court of Common Pleas, __________________________ ______________________, Delaware and must include proof that a copy of the Answer was served on the plaintiff or his/her attorney who is named on this Summons. Failure to file an Answer denying the allegations will result in a judgment against you, and action may be taken by the plaintiff or his/her attorney to satisfy the judgment. DATED: _______________________ _______________________________ Clerk Name of Plaintiff/Plaintiff s Attorney Address Telephone Number

Important Information:
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Sixth District Court Iowa County Plaintiff seeks $ 75,101 in damages plus attorney fees Mary and Shayla Smith:
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1234 Home Street Iowa City, IA 52242

Tuttles
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6789 Parent Lane Iowa City, IA 52242

O & D Family Campground

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5555 Camp Circle Iowa City, IA 52242

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Judge Anna Male Cause of Action number : 5912-2011 Anything not listed above which is required for the assignment please feel free to embellish.

IN THE FIRST DISTRICT COURT FOR DELEWARE, IOWA JOHN RUNDLETT, INC - Plaintiff v DONALD POSNER - Defendant CASE NO. 24-C-02-00380 ************************************ COMPLAINT

Plaintiff, John Rundlett, by his undersigned counsel, sues Defendant Donald Posner and, in support,states as follows: COUNT I: NEGLIGENCE Plaintiff John Rundlett is a resident of City, State. Defendant Donald Posner is a resident of City, State. On or about March 10, 2008, Posner was operating a Bobcat backhoe ( the Bobcat ) on his property at 644 Snail Drive in City. State. The Bobcat was stuck and Posner was unable to move it forward. Bosley called to Plaintiff to ask him for assistance. Plaintiff surveyed the land on which the Bobcat sat and was unable to determine why the Bobcat was stuck. Plaintiff began to walk back to his property. Moments later, the Defendant, operating the Bobcat in a negligent and careless manner, hit the Plaintiff without warning, pining him up against an automobile, causing Plaintiff severe injury. At all times herein mentioned, Plaintiff was acting in a reasonable, prudent manner. It was the duty of the Defendant to use due care to watch where he was driving, to maintain a proper lookout, to reduce speed to avoid an accident, to maintain a proper distance between his vehicle and the Plaintiff, and to control his vehicle in order to avoid a collision. Defendant breached that duty of due care by failing to use due care by watching where he was driving, failing to maintain a proper lookout, failing to reduce speed to avoid an accident, failing to maintain a proper distance between his vehicle and the Plaintiff, and failing to control his vehicle in order to avoid a collision with Plaintiff. As a direct and proximate result of the negligence of the Defendant, Plaintiff has suffered physical injuries and mental anguish. Plaintiff has incurred expenses for medical care and treatment, medicines, nursing services, physical therapy, and other types of medical related attention. Plaintiff also has lost wages and will continue to lose such wages in the future. Plaintiff continues to suffer physical pain and discomfort from this accident, including a broken wrist that will not heal and two herniated discs at C4-C5 and C5-C6 that will require surgery, and complex regional pain syndrome. All the above damages were directly and proximately caused by the aforementioned negligence of the Defendant and were incurred without contributory negligence or assumption of the risk on the part of the Plaintiff. Plaintiff also did not have the opportunity to avoid this accident.

WHEREFORE, the Plaintiff demands judgment against the Defendant for TWO MILLION DOLLARS ($2,000,000.00) plus interests and costs for Count I of Plaintiff s Complaint. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury. Respectfully submitted, Law Firm, LLC ___________________________ Attorney Bar No. Address Phone Number Fax Number