Select your state

Civil procedure

summons and complaint

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 (the complaint) (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 Alabama, the process of serving a defendant with a summons or citation, along with a copy of the complaint, is a critical step in the commencement of a lawsuit. 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. Additionally, service of process is necessary for the court to establish personal jurisdiction over the defendant, meaning the court's authority to make decisions regarding the defendant in the case. Alabama Rules of Civil Procedure Rule 4 outlines the specific methods of service that are acceptable, which include personal service, service by certified mail, and, in some cases, service by publication if the defendant cannot be located. Failure to properly serve a defendant can result in delays or dismissal of the lawsuit.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

summons and complaint

Individual & Family Legal Plan

Articles

Alabama State Code

Alabama State Code

Civil procedure

summons and complaint

Articles