After payment of all applicable fees, the plaintiff may have the clerk issue one or more summons for any defendant. The clerk shall keep each original summons in the court records and provide a copy of each summons issued to the plaintiff who requested issuance of the summons.
§ 412.10.Issuance Generally
Title 5. Jurisdiction and Service of Process · Chapter 3. Summons · Last amended 2006 · Last verified July 28, 2026
In one sentenceSection 412.10 lets a plaintiff who has paid all applicable fees have the clerk issue one or more summons for any defendant, with the clerk keeping the original and giving the plaintiff a copy.
Full Text of § 412.10
Plain-English Summary
Section 412.10 is the mechanical starting point for bringing a defendant into a case. After the plaintiff pays all applicable fees, the plaintiff may have the clerk issue one or more summons for any defendant. The clerk keeps each original summons in the court’s records and provides the plaintiff with a copy of each summons issued.
Issuance is a separate step from the requirements a summons must satisfy — those are set out in § 412.20 — and from the actual work of serving it on a defendant, which Chapter 4 governs in detail. A plaintiff needing more than one summons, for example to serve multiple defendants separately, may have the clerk issue as many as needed.
Frequently Asked Questions
Do I need to pay fees before the clerk will issue a summons?
Yes. Section 412.10 conditions issuance on payment of all applicable fees before the clerk issues the summons.
Can I get more than one summons issued for the same case?
Yes. Section 412.10 allows the plaintiff to have the clerk issue one or more summons for any defendant.
Who keeps the original summons after it is issued?
The clerk does. Section 412.10 requires the clerk to keep each original summons in the court’s records and to give the plaintiff a copy of each summons issued.
Amendment History
Amended by Stats 2005 ch 300 (AB 496),s 2, eff. 1/1/2006
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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