Rule 3 Summons; Service of Process.

(a) Summons.

(1) Timing. On the filing of a complaint, the clerk of court shall prepare a summons for the plaintiff, which shall comply with Rule 4(a) of the Virgin Islands Rules of Civil Procedure.

(2) Return date. The summons shall set forth a return-day not less than 5, nor more than 30 days, from the date of filing the action, according to the nature and circumstances of the case and the method of service to be employed.

(3) Explicit Advice of Rights. The summons form shall contain a written notice conspicuously advising the defendant:

(A) that counsel are not permitted in Small Claims proceedings, and that no jury trial is available;

(B) that the defendant has an automatic right to request transfer of the action to the Civil Division, where assistance of counsel is permitted and a jury trial may be conducted; and

(C) that the defendant's failure to make a request for transfer to the Civil Division as provided in Small Claims Rule 2(c) and (d) will be a waiver by the defendant of the right to counsel and the right to a jury trial, if the matter remains in the Small Claims division for trial.

(b) Service of Process. The clerk of court shall arrange for the Office of the Virgin Islands Marshal to serve the defendant with a summons and a copy of the complaint in accordance with Rule 4 of the Virgin Islands Rules of Civil Procedure. It shall be the responsibility of the plaintiff to provide a current address for each defendant and any other information needed to effectuate proper service.

(c) Extension of Time. If service of process is not completed in timely fashion, the court may, upon a showing of good cause, set an extended date for completion of service of process and, if necessary, reschedule the return date for the action accordingly. In its discretion, the court may dismiss the action without prejudice against the unserved defendant.