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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 Delaware, as in all states, the due process requirement mandates 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 ensures that the defendant is given fair notice of the legal action against them and the opportunity to appear in court to defend themselves. Service of process can be accomplished through various methods, such as personal delivery, service by mail, or service by a registered agent if the defendant is a corporation. Once the defendant is properly served, the court obtains personal jurisdiction over the defendant, which is the court's authority to make legal decisions and judgments affecting the defendant's rights. If service is not properly executed, the court may not be able to exercise jurisdiction over the defendant, and the lawsuit may be dismissed or delayed.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

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Delaware State Code

Civil procedure

summons and complaint

Articles