Rule 4.01. Summons; Issuance; By Whom Served; Sanction for Delay
Committee Comment: The rule on summons is retained for use by the state when bringing in third parties, and the like. The summons is not used by original claimants.
(1) Upon the filing of the complaint, the clerk of the court shall promptly issue the required summons and cause it, with necessary copies of the complaint and summons, to be delivered for service to any person authorized to serve process. This person shall serve the summons, and the return endorsed thereon shall be proof of the time and manner of service. A summons may be issued for service in any county against any defendant, and separate or additional summonses may be issued against any defendant upon request of plaintiff. Nothing in this rule shall affect existing laws with respect to venue.
(2) A summons and complaint may be served by any person who is not a party and is not less than 18 years of age. The process server must be identified by name and address on the return.
(3) If a plaintiff or counsel for plaintiff (including third-party plaintiffs) intentionally causes delay of prompt issuance of a summons or prompt service of a summons, the filing of the complaint (or third-party complaint) will not toll any applicable statutes of limitation or repose.
[Added by order filed February 1, 1995, effective July 1, 1995; by order effective July 1, 1997; b order effective July 1, 1998; and by order filed December 10, 2003; effective July 1, 2004; and by order filed December 29, 2015, effective July 1, 2016.]
Click here for Advisory Commission Comments to Rules 4.01-4.09.
