Caption
The district, the plaintiff, the defendant and third-party plaintiff, the third-party defendant, and the civil action number.
AO 441
Summons on Third-Party Complaint
- Agency
- U.S. Courts
- Revision
- Rev. 07/10
- Fillable fields
- 40
- Pages
- 2
- Official source
- U.S. Courts form page
- Checked
- October 20, 2026
AO 441: Summons on Third-Party Complaint
AO 441, Summons on Third-Party Complaint, is a United States District Court summons addressed to a third-party defendant. The U.S. Courts list it under Notice of Lawsuit, Summons, Subpoena. The current version is Rev. 07/10, and the U.S. Courts page lists it as effective on July 1, 2010.
Page 1 says a lawsuit has been filed against the defendant, who as third-party plaintiff is making a claim against the third-party defendant to pay part or all of what the defendant may owe to the plaintiff. It gives the time to respond, the names and addresses of the defendant or defendant's attorney and of the plaintiff or plaintiff's attorney, and the signature of the Clerk or Deputy Clerk. Page 2 is the proof of service, completed and signed by the person who served the summons.
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.
What's on AO 441
The third-party claim
The name of the defendant against whom the lawsuit was filed, and the plaintiff, with the statement that the third-party plaintiff is making a claim to pay part or all of what the defendant may owe to the plaintiff.
Time to respond
Within 21 days after service, 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), for an answer to the attached complaint or a motion under Rule 12.
Who is served
Name and address blocks for the defendant or defendant's attorney and for the plaintiff or plaintiff's attorney.
Default and the plaintiff's complaint
The default notice, the statement that the answer or motion is filed with the court and served on any other parties, and that a copy of the plaintiff's complaint is attached.
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 details, and notes on attempted service.
How to fill out AO 441
- 1
Fill in the caption
Enter the district, the plaintiff, the defendant and third-party plaintiff, the third-party defendant, and the civil action number.
- 2
Name the third-party defendant
Enter the third-party defendant's name and address on the To line.
- 3
Name the defendant and plaintiff
Fill in the defendant and the plaintiff in the claim paragraph.
- 4
Add both service addresses
Enter the name and address of the defendant or defendant's attorney, and of the plaintiff or plaintiff's attorney.
- 5
Clerk's signature
The form has a date and a signature line for the Clerk or Deputy Clerk under Clerk of Court.
- 6
Complete the proof of service
On page 2 the server checks one way the summons was served or returned unexecuted, fills in any fees and signs. The form says this section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l).
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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 third-party complaint, and that the answer or motion is filed with the court and served on any other parties.
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 441?
The summons names who signs it, who receives it, who is served with the response and who proves service.
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Questions about Form AO 441
Who receives AO 441?
The third-party defendant. The summons is addressed to the third-party defendant's name and address.
What claim does AO 441 describe?
The form says a lawsuit has been filed against the defendant, who as third-party plaintiff is making a claim against the third-party defendant to pay part or all of what the defendant may owe to the plaintiff.
How long does the summons give to respond?
The form says 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).
Who is the answer or motion served on?
The form names both the defendant or defendant's attorney and the plaintiff or plaintiff's attorney, and says it is also filed with the court and served on any other parties.
What about the plaintiff's original complaint?
The form says a copy of the plaintiff's complaint is also attached, and that the third-party defendant may, but is not required to, respond to it.
Who signs AO 441?
The form has a signature line for the Clerk or Deputy Clerk under Clerk of Court. Page 2 is signed by the person who served the summons.