AO 440

Summons in a Civil Action

Agency
U.S. Courts
Revision
Rev. 06/12
Fillable fields
34
Pages
2
Official source
U.S. Courts form page
Checked
October 20, 2026
Fill AO 440 online
Page 1 of form AO 440

AO 440: Summons in a Civil Action

AO 440, Summons in a Civil Action, is a United States District Court summons that tells a defendant a lawsuit has been filed against them. The U.S. Courts list it under Notice of Lawsuit, Summons, Subpoena. The current version is Rev. 06/12, and the U.S. Courts page lists it as effective on June 1, 2012.

Page 1 is the summons: the district, the plaintiffs and defendants, the civil action number, the defendant's name and address, the time to respond, the name and address of the plaintiff or plaintiff's attorney, and the signature of the Clerk or Deputy Clerk. Page 2 is the proof of service, which the person who served the summons completes and signs under penalty of perjury. The summons is signed by the Clerk of Court, addressed to the defendant, and the proof of service is completed by the server.

This page explains the form in plain words and is not legal advice. You can fill it out free in your browser on this page and download the result without an account.

Top of page 1 of AO 440: Summons in a Civil Action, as printed by COURTS

What's on AO 440

Caption

The district, the plaintiff or plaintiffs, the defendant or defendants, and the civil action number.

To line and notice

The defendant's name and address, followed by the statement "A lawsuit has been filed against you."

Time to respond

The form says within 21 days after service of the summons, not counting the day it was received, or 60 days for the United States, its agencies, and officers or employees described in Fed. R. Civ. P. 12 (a)(2) or (3), an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure is served on the plaintiff.

Plaintiff's address and default notice

The name and address of the plaintiff or plaintiff's attorney, the statement that judgment by default will be entered for the relief demanded in the complaint if there is no response, and that the answer or motion is also filed with the court.

Clerk's signature

The date and the signature of the Clerk or Deputy Clerk under Clerk of Court.

Page 2: Proof of Service

Who the summons was for, the date received, how it was served, the server's fees for travel and services, a declaration under penalty of perjury, the server's signature, name, title and address, and notes on attempted service.

How to fill out AO 440

  1. 1

    Fill in the caption

    Enter the district, the names of the plaintiffs and defendants, and the civil action number.

  2. 2

    Name the defendant

    Enter the defendant's name and address on the To line.

  3. 3

    Add the plaintiff's or attorney's address

    Enter the name and address of the plaintiff or the plaintiff's attorney, where the form says the answer or motion is served.

  4. 4

    Clerk's signature

    The form has a date and a signature line for the Clerk or Deputy Clerk under Clerk of Court.

  5. 5

    Complete the proof of service

    On page 2 the server enters who the summons was for and the date received, checks one way it was served or returned unexecuted, fills in any fees, and signs the declaration.

  6. 6

    Note the filing rule for page 2

    Page 2 says the proof of service section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l).

Why fill Form AO 440 on indox

You get the real form, filled in a browser tab, with nothing standing between you and the finished PDF.

  • Fill the form right in your browser, no software to install
  • Free to fill and free to download, with no account
  • The official blank straight from the U.S. Courts, not a copy someone retyped
  • Works on a phone, tablet or computer

Court, response time and service

Court

The summons is captioned for the United States District Court for the district named on page 1.

Response time printed on the form

Within 21 days after service, not counting the day it was received, or 60 days for the United States, a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3).

Default

The form says that if there is no response, judgment by default will be entered for the relief demanded in the complaint, and that the answer or motion is also filed with the court.

Fees

The form does not print a filing fee. Page 2 has blanks for the server's fees for travel and for services and a total, with no amounts printed.

Proof of service

Page 2 says the proof of service should not be filed with the court unless required by Fed. R. Civ. P. 4 (l).

Related forms

Who uses AO 440?

  • The Clerk of Court

    Under Clerk of Court, the form has a date and a line for the signature of the Clerk or Deputy Clerk.

  • The defendant

    The summons is addressed to the defendant by name and address and says: "A lawsuit has been filed against you."

  • The United States and its agencies

    The form gives a different time to respond for the United States, a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3).

  • The plaintiff or plaintiff's attorney

    The summons gives the name and address of the plaintiff or the plaintiff's attorney, on whom the answer or motion is served.

  • The person who serves it

    Page 2 is completed by the server, who records how the summons was served, any fees, and signs a declaration under penalty of perjury with a printed name, title and address.

The summons names who signs it, who receives it and who proves it was served.

Official sources and the blank

Do it all with indox

View all 94 tools

Questions about Form AO 440

Who signs AO 440?

The form has a signature line for the Clerk or Deputy Clerk under Clerk of Court, with a date.

How long does the summons give the defendant to respond?

The form says within 21 days after service of the summons, not counting the day it was received, or 60 days for the United States, a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3).

What kind of response does the summons name?

The form names an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure, served on the plaintiff or plaintiff's attorney and also filed with the court.

What does the summons say about not responding?

The form says that if there is no response, judgment by default will be entered for the relief demanded in the complaint.

What ways of service does page 2 list?

Personal service on the individual at a place; leaving it at the individual's residence or usual place of abode with a person of suitable age and discretion who resides there and mailing a copy to the last known address; service on an individual designated by law to accept service for an organization; returning it unexecuted with a reason; or other.

Is the proof of service filed with the court?

Page 2 says the proof of service section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l).