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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 New Jersey, as in other states, the process of serving a defendant with a summons and a copy of the lawsuit is a critical step in the legal process. This procedure ensures that the defendant is given proper notice of the legal action against them and the opportunity to respond and defend themselves in court, which is a fundamental aspect of due process. The service of process must be carried out in accordance with New Jersey court rules, which may include personal delivery to the defendant, delivery to someone of suitable age and discretion at the defendant's residence, or other methods permitted by law. Once the defendant is properly served, the court gains personal jurisdiction over them, meaning the court has the authority to make decisions regarding the case that will affect the defendant. Failure to properly serve a defendant can result in delays or dismissal of the lawsuit.

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Civil procedure

serving defendant with lawsuit

Individual & Family Legal Plan

Articles

New-Jersey State Code

New-Jersey State Code

Civil procedure

serving defendant with lawsuit

Articles