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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 Virginia, 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 proceedings that ensures due process and establishes the court's personal jurisdiction over the defendant. Due process requires that the defendant is given proper notice of the lawsuit and the opportunity to appear in court to defend against the claims. This is accomplished by delivering the legal documents in a manner prescribed by law, which may include personal delivery by a sheriff or process server, posting the documents at the defendant's residence, or mailing them to the defendant's last known address. The specific methods of service are outlined in the Virginia Rules of Civil Procedure. Once the defendant is properly served, the court gains the authority to make decisions regarding the case that will be binding on 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

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Virginia State Code

Virginia State Code

Civil procedure

serving defendant with lawsuit

Articles