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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 Arizona, as in other states, the legal process requires that a defendant in a lawsuit be properly served with a summons and a copy of the complaint. This is to ensure due process, which is the constitutional right to be informed of legal action against oneself and to have a fair opportunity to respond and defend against the lawsuit. The summons notifies the defendant of the lawsuit and includes instructions on how to respond, while the complaint outlines the specific claims being made against the defendant. Service of process can be completed through various methods, such as personal delivery, service on a registered agent if the defendant is a business, or through certified mail, depending on the rules set forth by the Arizona Rules of Civil Procedure. Once the defendant is served, the court gains personal jurisdiction over them, meaning the court has the authority to make legal decisions and judgments regarding the defendant. Failure to properly serve a defendant can result in delays or dismissals of the lawsuit.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

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Arizona State Code

Arizona State Code

Civil procedure

summons and complaint

Articles