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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 Delaware, as in other states, the legal process requires that a defendant in a lawsuit must be properly served with a summons or citation and a copy of the complaint initiating the lawsuit. This is to ensure due process, which is the constitutional right to be informed of legal action against oneself and to have a fair opportunity to respond and defend against the lawsuit in court. Service of process must be carried out in a manner prescribed by law, which typically includes personal delivery to the defendant, delivery to someone of suitable age and discretion at the defendant's residence, or sometimes by certified mail. The service must be executed by an individual authorized by law, such as a sheriff or process server. Once the defendant is served, the court gains personal jurisdiction over them, meaning the court has the authority to make legal decisions and judgments affecting the defendant's rights. Failure to properly serve a defendant can result in delays or dismissals of the legal action.

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Civil procedure

serving defendant with lawsuit

Individual & Family Legal Plan

Articles

Delaware State Code

Delaware State Code

Civil procedure

serving defendant with lawsuit

Articles