March 2006 - Tip 2

Issuance of Summons and Alias Summons by Clerk's Office

Effective 12/1/2005, FRBP 7004(a)(2) provides that, "The clerk may sign, seal, and issue a summons electronically by putting "/s/ " before the clerk's name and including the court's seal on the summons."

When filing an adversary proceeding, you no longer need to wait for the Clerk's Office to physically mail a hard copy of the summons with a clerk's original signature. Once the summons is docketed by the Clerk's Office, it is considered issued, and it may be printed and served with the complaint and printed scheduling order.

Please note: this rule only authorizes electronic issuance of the summons by the Clerk's Office. The printed summons, printed scheduling order, and complaint still need to be served by the plaintiff as specified in FRBP 7004(b).