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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 Wisconsin, as in all states, the legal process requires that a defendant in a lawsuit must be properly served with a summons or citation and a copy of the complaint initiating the lawsuit. This is to ensure due process, which is a constitutional guarantee of fair treatment through the judicial system. Serving these documents provides the defendant with official notice of the legal action against them and the opportunity to respond and defend themselves in court. Additionally, proper service of process is necessary for the court to establish personal jurisdiction over the defendant, which is the court's authority to make decisions regarding the individual. Wisconsin's specific rules for service of process are outlined in Chapter 801 of the Wisconsin Statutes, which details the acceptable methods of service, including personal service, substituted service, and service by publication when the defendant cannot be located.

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Civil procedure

serving defendant with lawsuit

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Wisconsin State Code

Wisconsin State Code

Civil procedure

serving defendant with lawsuit

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