Section 305. Summons; supplemental summons, amendment  


Latest version.
  • (a) Summons;
      supplemental summons. A summons shall specify the  basis  of  the  venue
      designated  and  if  based  upon the residence of the plaintiff it shall
      specify the plaintiff's address, and also shall bear  the  index  number
      assigned  and  the  date  of  filing  with  the  clerk  of  the court. A
      third-party summons shall  also  specify  the  date  of  filing  of  the
      third-party  summons  with  the  clerk of the court.   The summons in an
      action arising out of a consumer credit  transaction  shall  prominently
      display   at   the  top  of  the  summons  the  words  "consumer  credit
      transaction" and, where a purchaser, borrower or debtor is a  defendant,
      shall  specify  the  county  of residence of a defendant, if one resides
      within the state, and the county where the consumer  credit  transaction
      took  place,  if it is within the state.  Where, upon order of the court
      or by stipulation of all parties or as  of  right  pursuant  to  section
      1003,  a  new  party is joined in the action and the joinder is not made
      upon the new party's  motion,  a  supplemental  summons  specifying  the
      pleading  which  the new party must answer shall be filed with the clerk
      of the court and served upon such party.
        (b) Summons and notice.   If the complaint  is  not  served  with  the
      summons,  the  summons  shall  contain or have attached thereto a notice
      stating the nature of the action and the relief sought, and,  except  in
      an  action  for medical malpractice, the sum of money for which judgment
      may be taken in case of default.
        (c) Amendment. At any time, in its discretion and upon such  terms  as
      it  deems just, the court may allow any summons or proof of service of a
      summons to be amended, if a substantial right of a  party  against  whom
      the summons issued is not prejudiced.