§ 9-11-101.Form of summons
Chapter 11. Civil Practice Act · Article 10. Forms · Last amended 1966 · Last verified July 17, 2026
Full Text of § 9-11-101
Plain-English Summary
A summons is not the lawsuit itself — it is the notice that tells a defendant a lawsuit exists and sets the clock running. This section gives the wording Georgia courts have used for that notice since the Civil Practice Act took effect, and it is the first document most defendants ever see in a case against them.
The form’s caption leaves blanks for the court, the county, and a file number the clerk fills in, then names the plaintiff’s attorney and address in the body. The operative instruction is short: file an answer with the clerk and serve a copy on the plaintiff’s attorney within 30 days after service, counting from the day after service happens rather than the day itself.
The consequence for ignoring that deadline is spelled out plainly — a default judgment for whatever relief the complaint demands. Because the summons travels with the complaint rather than in place of it, a defendant who is served receives both documents together: one stating the claim, the other stating the deadline and the stakes of missing it.
Unlike several other forms in this article, the summons tracks the mandatory content that Georgia’s process rule requires rather than serving as a loose stylistic guide, so its core elements — the 30-day answer window, the default warning, and the clerk’s signature block — stay fixed even as courts fill in the case-specific blanks.
Frequently Asked Questions
How many days does a defendant get to answer after being served with this summons?
Thirty days after service, counted exclusive of the day service happened.
What happens if the defendant misses the deadline?
The summons warns that a default judgment will be entered against the defendant for the relief the complaint demands.
Who fills in the blanks on the summons?
The clerk of court inserts the case file number, and the filer supplies the court, county, party names, and the plaintiff’s attorney’s name and address.
Does the summons replace the need to serve the complaint?
No. The summons states that the complaint is served along with it — a defendant receives both documents at once, not the summons alone.
Can a plaintiff change the wording of this summons?
The form’s core elements track the requirements of Georgia’s process rule, so while the statute presents it as a model, its essential content — the deadline, the default warning, and the clerk’s signature — stays close to this fixed pattern.
Amendment History
Ga. L. 1966, p. 609, § 101.