Short answer. The name of the court and the parties, a direction that the defendant answer within the time fixed by the Rules, and a notice that failure to answer will result in a default judgment and the relief plaintiff seeks. It must be signed by the clerk of court under seal, with the complaint attached.
What the law says
The summons shall be directed to the defendant, signed by the clerk of court under seal, and contain: (a) The name of the court and the names of the parties to the action; (b) When authorized by the court upon ex parte motion, an authorization for the plaintiff to serve summons to the defendant; (c) A direction that the defendant answer within the time fixed by these Rules; and (d) A notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the relief applied for. A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original and each copy of the summons.
Rule 14, Section 2 — Contents. Read the full provision →
Who issues and signs it
The summons is directed to the defendant, but it is not something a plaintiff simply drafts and sends on their own personal authority. It must be signed by the clerk of court under seal — an official act that gives the document its formal character as genuine court process, rather than a private communication or informal notification coming from the plaintiff's side of the case.
The four required contents
The rule lists what the summons must contain in detail: the name of the court and the names of the parties to the action; where the court has authorized it upon ex parte motion, an authorization for the plaintiff to serve summons on the defendant personally; a direction that the defendant answer within the time fixed by the Rules; and a notice warning that failure to answer will result in a default judgment and possibly the relief the plaintiff applied for in the complaint.
The plaintiff-serves-summons authorization
One of the four elements is conditional rather than automatic — the authorization for the plaintiff to personally serve summons only appears on the document when the court has granted it upon ex parte motion beforehand. Absent that specific court authorization, this particular content item simply would not, and should not, form part of a properly issued summons in an ordinary case.
Attachments that travel with the summons
Beyond its own text, the summons must have a copy of the complaint attached to both the original and every copy actually served on a defendant, and, if one has already been issued, the order appointing a guardian ad litem as well. These required attachments ensure the defendant receiving the summons also receives the actual claim being made against them and any related court order affecting their representation in the case.
Related provisions
- Rule 14, Section 2 — Contents
- Rule 14, Section 1 — Clerk to issue summons
- Rule 14, Section 3 — By whom served