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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 York, the process of serving a defendant with a summons and a copy of the lawsuit is a critical step in the legal process. This action ensures that the defendant is given proper notice of the lawsuit and the chance to appear in court to defend against the claims. This procedure is in place to uphold the principle of due process, which is a constitutional guarantee of fair treatment through the judicial system. Additionally, serving these documents gives the court personal jurisdiction over the defendant, which means the court has the authority to make decisions regarding the defendant in relation to the lawsuit. The specific rules for how service must be made are outlined in the New York Civil Practice Law and Rules (CPLR). Generally, service can be made in person, by leaving the documents with someone of suitable age and discretion at the defendant's residence or place of business, or through other methods approved by the court if traditional methods are impracticable.

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Civil procedure

serving defendant with lawsuit

Individual & Family Legal Plan

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New-York State Code

New-York State Code

Civil procedure

serving defendant with lawsuit

Articles