SUM-100 supplies the summons used to give formal notice of a California accident lawsuit. Prepare it with the same party names and court information as the complaint, then obtain the clerk-issued version for service. An unsigned draft uploaded with the complaint is not the same as an issued summons. Save the issued document before arranging delivery to defendants.
Documents and facts to assemble
- The proposed summons and final complaint with matching captions
- The clerk-issued summons and instructions to the process server
How this fits an injury lawsuit
Starting an auto accident or other personal injury lawsuit requires a pleading that identifies the claims and the parties, a summons for issuance, and a Civil Case Cover Sheet. A Judicial Council complaint can be used when suitable; a properly drafted custom complaint is another option. The choice of pleading does not eliminate applicable local forms. Filing starts the court case, while service gives a defendant formal notice. Medical records, photographs, and insurance correspondence are usually evidence to preserve rather than routine attachments to the initial complaint.
Practical checklist
- Match every party name across the complaint, summons, cover sheet, and local addendum.
- Use the current form revision and attach the cause-of-action pages that fit the allegations.
- Retain the accepted complaint, issued summons, payment or fee-waiver record, and court notices.
Deadline and local-rule check
Identify the event that starts the deadline, whether the rule uses calendar days or court days, the legally effective service method, and any written extension or court order. Read the applicable statute before adding time for service. Check the county’s current civil rules and the assigned department’s instructions for filing, delivery, reservation, and appearance requirements. A filing receipt or hearing reservation alone does not show that every required step has been completed.
Official forms and authorities
- CCP 412.20
- Judicial Council form SUM-100
- California Courts: prepare a civil complaint
- Civil Case Cover Sheet rule
- Personal injury complaint form
- CCP 425.10: contents of a complaint
This guide concerns auto accidents and similar personal injury actions in California state court. It does not supply a case-specific deadline calculation or a federal court procedure.
