What is the difference between a summons and a complaint?
The main difference between a summons and a complaint is the purpose for which each document is used. A summons is a legal document issued by the court to notify a person that they are being sued and have been ordered to appear in court. The summons will also include the legal cause of action being brought against the defendant. A complaint is the document filed in court that seeks relief or damages from a defendant and brings forth the legal allegations against the defendant. In the state of Texas, a summons is typically issued before a complaint is filed. The summons functions as a notification to the defendant that they have been sued, while the complaint is the plaintiff’s formal request or statement of their grievances against the defendant. A complaint will include the reasons for why the plaintiff believes the defendant is liable, and what relief the plaintiff is seeking from the court. In contrast to a summons, a complaint is filled with facts and details about the legal action being brought forward in court and requires the plaintiff to explain the merits of their case. The complaint is also generally accompanied by other documents such as affidavits, evidence, and exhibits that support the plaintiff’s arguments. In summary, a summons is a document issued by the court to notify the defendant of a lawsuit and an impending court appearance, whereas a complaint is the plaintiff’s formal written request for a legal remedy.
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