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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 Massachusetts, 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 lawsuit and granting them the opportunity to appear in court to defend themselves. Additionally, it allows the court to establish personal jurisdiction over the defendant. The service of process must be carried out in accordance with Massachusetts state statutes and rules of civil procedure, which may include personal delivery by a sheriff or other authorized person, service by mail, or other methods as permitted by law. Failure to properly serve a defendant can result in delays or dismissal of the lawsuit, emphasizing the importance of adhering to the correct service procedures.

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Civil procedure

serving defendant with lawsuit

Individual & Family Legal Plan

Articles

Massachusetts State Code

Massachusetts State Code

Civil procedure

serving defendant with lawsuit

Articles