§ 1148.4.Issuance and Return of Summons - Content - Amending Pleading to Conform to Evidence
Chapter 20: Actions Regarding Real Property · Last amended October 1, 1980 · Last verified August 3, 2026
Full Text of § 1148.4
Amendment History
Laws 1968, SB 537, c. 172, § 4; Amended by Laws 1969, SB 24, c. 136, § 1, emerg. eff. 4/9/1969; Amended by Laws 1980, HB 1725, c. 63, § 1, eff. 10/1/1980.
Plain-English Summary
The summons in this kind of case follows the general rules with one key difference: it commands the sheriff or process server to summon the defendant to a trial date that must fall no sooner than five days and no later than ten days after the summons issues. The summons also has to apprise the defendant of the nature of the claim, and it must be endorsed with the relief the plaintiff seeks and the amount the plaintiff will take judgment for if the defendant fails to appear.
The section closes with a broader trial rule: pleadings may be amended to conform to the evidence in all cases under this act.
Frequently Asked Questions
How soon must the trial date be after the summons is issued?
Not less than five days nor more than ten days from the date the summons is issued.
What information does the summons have to give the defendant?
The nature of the claim being asserted, along with an endorsement of the relief sought and the amount for which the plaintiff will take judgment if the defendant doesn't appear.
Can the pleadings be changed to match what comes out at trial?
Yes. Section 1148.4 allows pleadings to be amended to conform to the evidence in all cases under this act.