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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 Illinois, 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 appear in court to defend themselves. The summons informs the defendant of the requirement to respond to the lawsuit within a specified time frame, typically 30 days. Service of process can be completed through various methods, including personal delivery by a sheriff or process server, certified mail, or in some cases, by publication if the defendant cannot be located. Once the defendant is properly served, the court gains personal jurisdiction over them, meaning the court has the authority to make decisions regarding the case that will be binding on the defendant. Failure to properly serve a defendant can result in delays or dismissal of the lawsuit, as the court cannot proceed without jurisdiction.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

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Illinois State Code

Illinois State Code

Civil procedure

summons and complaint

Articles