Issuance of Original, Alias / Pluries & Third Party / Involuntary Summons
Revised April 21, 2015 Page 1 of 5
SUMMONS ISSUANCE IN ADVERSARY &
INVOLUNTARY CASES
The following guide explains how an original summons is issued upon filing
of an adversary case and the process to obtain Alias, Pluries, and Third-Party
summons in an adversary proceeding and Involuntary summons in a
bankruptcy case.
Automatic Summons in Adversary Case Filing
At the same time the complaint is docketed, the CM/ECF program will
automatically create and issue a summons. It is the responsibility of the
electronic filer to print the automatically issued summons and serve it
according to the Federal Rules of Bankruptcy Procedure.
A link to Summons Issued appears on the Notice of Electronic Filing below
the entry for the Complaint.
Click on the Summons Issued hyperlink. The issued summons is displayed
in html format. Note: If parties were not input correctly during case opening
or if an incorrect related Bankruptcy case was entered, do not use the
automatic summons. You will need to request an Alias Summons as outlined
below. If the summons is correct, Print or Save to a file. At the bottom of
the summons is a link to a blank Certificate of Service page. This can be
printed and used to file proof of service of the summons with the Court.
Issuance of Original, Alias / Pluries & Third Party / Involuntary Summons
Revised April 21, 2015 Page 2 of 5
Requesting an Alias / Pluries Summons
Alias / Pluries Summons are requested via paperless docket entry, then
issued and posted to the docket via an automated process. Attorneys are
notified of the summons entry through their usual manner of electronic
notification (individual or daily summary emails.)
In the Adversary – Request a Summons event menu, select the event
Request for Alias or Pluries Summons.
A message screen during docketing indicates that a form is unnecessary, and
that the event is not to be used for Third Party or Involuntary Summons.
(Explanation of that process follows below.)
You must indicate upon whom the summons is to be issued - you may select
multiple parties. The “Date summons issued” field should not be changed,
and the system will not allow you to select a future date . When prompted,
indicate whether an Alias or Pluries summons is requested. The resulting
docket text will indicate the Summons is pending.
Issuance of Original, Alias / Pluries & Third Party / Involuntary Summons
Revised April 21, 2015 Page 3 of 5
The text “(Alias or Pluries Summons Pending)” will be removed from this
entry’s text upon summons issuance.
Once issued, the summons will be available on the docket; you may click the
document link for the image. Note that PACER charges may apply if viewed
from the docket as opposed to viewing via the electronic notification which
provides a “free look”.
Note: The Alias / Pluries Summons process is run in 30 minute intervals
therefore the summons will not issue immediately upon submission as it
does when the Adversary proceeding is filed.
Requesting a Third Party / Involuntary Summons
The process for requesting a Third Party (AP) or Involuntary (BK)
Summons is similar to the Alias / Pluries Summons with one important
distinction: for these summons, a completed summons form must be
submitted during the entry. Summons forms can be found on our website at
http://www.flmb.uscourts.gov/forms/
. It is only necessary to provide one
form for issuance, as it is not a requirement to submit a separate form for
each party served. The summons will then be issued and posted to the docket
by a member of the Clerk’s Office. Attorneys will be notified of the
summons issuance entry through their usual manner of electronic
notification (individual or daily summary emails.)
Issuance of Original, Alias / Pluries & Third Party / Involuntary Summons
Revised April 21, 2015 Page 4 of 5
To request a summons, from the Adversary or Bankruptcy – Request a
Summons events menu, select the event Request for Third Party or
Involuntary Summons.
A message screen during docketing will remind you that a form is necessary,
and that the event is not to be used for Alias or Pluries Summons.
When prompted, indicate whether a Third Party or Involuntary summons is
requested.
The Third Party / Involuntary Summons must be issued by Clerk’s Office
staff and is not processed via automation. Upon review of the request, a
member of the Clerk’s Office staff will issue the summons. The summons
when issued will be available through the usual method of electronic
notification. It may also be viewed on the docket by clicking the document
link for the image. Note that PACER charges may apply if viewed from the
Issuance of Original, Alias / Pluries & Third Party / Involuntary Summons
Revised April 21, 2015 Page 5 of 5
docket as opposed to viewing the electronic notification which provides a
“free look”.
