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Civil procedure

serving defendant with lawsuit

The defendant in a lawsuit must be served (delivered) a summons or citation (an order from the court to appear and answer the lawsuit) and a copy of the lawsuit (1) to provide due process (fairness) by giving the defendant notice of the lawsuit and the opportunity to appear in court and defend the lawsuit; and (2) to give the court personal jurisdiction (authority) over the defendant.

In Alabama, the process of serving a defendant with a summons or citation, along with a copy of the lawsuit, is a critical step in the legal process. This procedure ensures due process by officially notifying the defendant of the legal action against them and granting them the opportunity to appear in court to respond to the lawsuit. The service of process must be carried out in a manner prescribed by Alabama law, which may include personal delivery to the defendant, delivery to someone of suitable age and discretion at the defendant's residence, or by certified mail, among other methods. Proper service of process is also necessary for the court to establish personal jurisdiction over the defendant, which is the court's authority to make decisions regarding the defendant in the case. If the service of process is not conducted according to legal requirements, the court may not be able to exercise jurisdiction, and the lawsuit may be dismissed or delayed.

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Civil procedure

serving defendant with lawsuit

Individual & Family Legal Plan

Articles

Alabama State Code

Civil procedure

serving defendant with lawsuit

Alabama State Code

Articles