---
title: "AO 440 summons in a civil action (US district court): issue, serve and prove service"
url: "https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-ao-440-summons"
type: "precedent"
site: "AI Law Framework"
id: "a5-us-ao-440-summons"
area_id: "A5"
kind: "form"
ai_level: "red"
version: 1
task_ids: ["A5-T1-R2", "A46-X20260927-1", "A46-X20260927-3"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-ao-440-summons  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Commercial Litigation & Dispute Resolution](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution.md)
- Jurisdictions: United States
- AI level: 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: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the official form at uscourts.gov and the 3 authorities it cites, for United States.

## 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](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-pleadings-from-the-facts-and-issues-brief.md)
- [Check the claim pack against the current form, fee and registry rules before filing](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/check-the-claim-pack-against-the-current-form-fee-and-registry-rules-bef.md)
- [Assemble the service evidence before asking for default judgment](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/assemble-the-service-evidence-before-asking-for-default-judgment.md)

## 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

## Authorities

- [Administrative Office of the U.S. Courts, Summons in a Civil Action (AO 440), effective 1 June 2012](https://www.uscourts.gov/forms-rules/forms/summons-a-civil-action)
- [AO 440 (PDF)](https://www.uscourts.gov/sites/default/files/ao440.pdf)
- [Federal Rule of Civil Procedure 4 (Legal Information Institute)](https://www.law.cornell.edu/rules/frcp/rule_4)

## Official form

[Official form](https://www.uscourts.gov/forms-rules/forms/summons-a-civil-action)

## Where this comes from

The official form is published by uscourts.gov; this page is a completion guide. Last checked on 2026-10-22.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-ao-440-summons and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*