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 North Carolina, 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 these documents must be conducted in a manner prescribed by law to be valid. Additionally, proper service establishes the court's personal jurisdiction over the defendant, which is the court's authority to make legal decisions regarding the defendant. North Carolina's rules for service of process are outlined in the North Carolina Rules of Civil Procedure, specifically in Rule 4. Service can be made in several ways, including personal delivery by the sheriff, registered or certified mail, or by a designated delivery service. If the defendant cannot be served through these means, the court may allow service by publication in certain circumstances. Failure to properly serve a defendant can result in delays or dismissal of the lawsuit.