Contents
The Georgia Civil Summons form is an essential document in the legal process, serving as a formal notification to a defendant about a pending civil action. This form includes critical information such as the names of the parties involved, the civil action number, and the specific court where the case is filed. It outlines the defendant's obligations, particularly the requirement to respond to the complaint within 30 days of receiving the summons. Failure to file an answer can result in a default judgment against the defendant, meaning the court may rule in favor of the plaintiff without further input from the defendant. Additionally, the form provides the name and address of the plaintiff's attorney, ensuring that the defendant knows where to send their response. Understanding the components of this form is crucial for anyone involved in a civil lawsuit in Georgia, as it sets the stage for the legal proceedings that follow.
Georgia Civil Summons Example
IN THE SUPERIOR/STATE COURT OF |
COUNTY |
STATE OF GEORGIA
CIVIL ACTION
NUMBER_
PLAINTIFF
Vs.
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT:
You are hereby summoned and required to file with the Clerk of said court and serve upon the Plaintiff's attorney, whose name and address is:
an answer to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
This |
day of |
_ |
Clerk of Superior Court/State Court
By: |
_ |
Deputy Clerk
Document Breakdown
| Fact Name | Details |
|---|---|
| Governing Law | The Georgia Civil Summons form is governed by the Official Code of Georgia Annotated (O.C.G.A.) § 9-11-4. |
| Purpose | This form serves to notify a defendant of a civil action against them and requires a response. |
| Response Time | A defendant must file their answer within 30 days of receiving the summons, excluding the day of service. |
| Default Judgment | If the defendant fails to respond within the specified time, a default judgment may be entered against them. |
| Clerk's Role | The Clerk of the Superior Court or State Court oversees the issuance of the summons and maintains court records. |
| Form Revision | The current version of the Georgia Civil Summons form is SC-1 Rev. 85, indicating it has been updated as of 1985. |
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