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 Louisiana, the process of serving a defendant with a summons or citation, along with a copy of the complaint, is a critical step in a civil 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. Additionally, it establishes the court's personal jurisdiction over the defendant. Louisiana law requires that service of process be carried out in a manner prescribed by the Louisiana Code of Civil Procedure. Typically, service is made by the sheriff, a court-appointed process server, or through certified mail, depending on the circumstances of the case. The defendant must be served within the state of Louisiana, and if they cannot be found, alternative methods such as service by publication may be used, subject to court approval. Failure to properly serve a defendant can result in delays or dismissal of the lawsuit.