Form · Commercial Litigation & Dispute Resolution
AO 440 summons in a civil action (US district court): issue, serve and prove service
Link to national form AO 440. Rule 4 sets what the summons must say, the clerk issues it, and the proof of service on the form is a declaration under penalty of perjury.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- United States
- AI use
- Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the official form at uscourts.gov and the 3 authorities it cites, for United States.
- Version
- 1
- Source
- Link to the official form. Licence: Link only. Administrative Office of the U.S. Courts form. Download the current AO 440 from uscourts.gov each time; do not copy or adapt it.
Where this comes from
The official form is published by uscourts.gov; this page is a completion guide. Last checked on 2026-10-22.
When to use it
Use when a civil action is filed in a United States district court and a defendant must be served with the summons and complaint under Federal Rule of Civil Procedure 4. Download the current AO 440 from uscourts.gov and check the district's local requirements.
Used for these tasks
- Draft pleadings from the facts-and-issues brief
- Check the claim pack against the current form, fee and registry rules before filing
- Assemble the service evidence before asking for default judgment
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The proof of service is a declaration under penalty of perjury, so the tool writes nothing on the summons; it may only compare the caption with the complaint and list who is still unserved.
AI may
- Compare the court, parties, civil action number and plaintiff's lawyer details on a lawyer-prepared draft with the complaint
- List each defendant who still needs a separate issued summons, from the complaint and the service record
- Index dates of filing, issuance, attempts and returns already in the file
AI must not
- Must not write or outline the proof of service, which the form declares under penalty of perjury
- Must not choose how the defendant is served, or whether Rule 4(d) waiver is available
- Must not sign the summons, the proof, or present it to the clerk
- Must not state that service was valid or that the 90-day limit has been met
The lawyer checks
- The summons names the court and the parties, is directed to the defendant, states the lawyer's or plaintiff's name and address, states the time to appear and defend, warns of default, and is signed by the clerk and sealed (Rule 4(a))
- A separate summons is issued for each defendant to be served (Rule 4(b))
- The summons is served with the complaint by a person at least 18 who is not a party, within 90 days after the complaint is filed, unless Rule 4(m) does not apply or the court extends the time
- The response time on the form matches the current form: 21 days, or 60 days where the form says the United States, an agency, or an officer or employee described in Rule 12(a)(2) or (3)
- Proof of service is filed when Rule 4(l) requires it, by the server, and is not written by the tool
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: Link only. Administrative Office of the U.S. Courts form. Download the current AO 440 from uscourts.gov each time; do not copy or adapt it..
Read the full text
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- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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