Question, if anyone has experience with this issue… you know how the federal court summons form has a drop-down for district? I just noticed that the summons for one of my cases has the district selection wrong — it got missed by the clerk, who issued it, and it got served on the defendant, and now we are months down the road and Im curious if this will cause any sort of problem in the future? It’s the correct state but wrong district (think western instead of central). What do you think?

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I would think it depends whether or not the defendants have already responded. If they have appeared and interposed an answer or a MTD, then I’d say it’ll be ok.

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To initiate the case you have to add the correct division with the complaint. When you filed the summons return was it in the correct case ? Do you have the correct division in the rest of the pleadings and has the counsel responded with the correct division.I don’t think It is an issue in that case

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I’ve had it happen with a SDT but not a summons. Plaintiff filed a motion to quash, we re-issued. I think the recipient of the summons would have to bring it up. If they’ve already responded and haven’t brought it up, I think you should be okay.

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I have seen this happen many times and if the other side doesnt bring it up and the case has moved along you should be ok. I have also seen relief requested to file an amended summons.

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If all defendants have appeared/not moved to quash or otherwise challenge the summons, you are OK.

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I’ve had it happen and no one ever noticed. If they haven’t noticed by now it’s not a problem. They have to claim improper service in the very beginning, they can’t claim it now.

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