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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 California, the process of serving a defendant with a summons and a copy of the complaint is a critical step in initiating a lawsuit. This procedure ensures due process by notifying the defendant of the legal action against them and granting them the opportunity to respond and defend themselves in court. The service of process must be performed in a manner prescribed by law, which may include personal delivery, service by mail followed by an acknowledgment of receipt, or other methods approved by the court. Proper service of process also allows the court to establish personal jurisdiction over the defendant, which is the court's authority to make legal decisions affecting the defendant. If the defendant is not properly served, the court may not have jurisdiction, and the lawsuit may be dismissed. California's Code of Civil Procedure outlines the specific rules and requirements for serving legal documents to ensure that the defendant's rights are protected and the court's jurisdiction is validly established.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

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California State Code

California State Code

Civil procedure

summons and complaint

Articles