Civil Procedure Multistate Bar Practice Exam

What is typically served alongside a summons?

1. A request for discovery.

2. A copy of the defendant's complaint.

3. A copy of the plaintiff's complaint.

4. A notification of fee payment.

The correct answer is: A copy of the plaintiff's complaint.

When a plaintiff initiates a lawsuit, the summons serves as a formal notice to the defendant that legal action has been taken against them. Typically, this summons is accompanied by a copy of the plaintiff's complaint. The complaint outlines the plaintiff's allegations and the basis for the court's jurisdiction, as well as the relief sought. This pairing is important because providing the defendant with both the summons and the complaint ensures that they are fully informed about the nature of the accusations against them and the specifics of the legal claims being made. This is a key aspect of due process, allowing the defendant the opportunity to prepare a response and defend themselves effectively. While requests for discovery, notifications of fee payments, or copies of the defendant’s complaints might also play roles in litigation, they are not standard documents that accompany the summons in the initiation of a lawsuit. The primary goal of serving these documents together is to establish clarity and transparency from the outset of the legal proceedings.