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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 Maine, as in all states, the legal process requires 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 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 appear in court and contest the allegations. Service of process must be carried out in a manner prescribed by law, which typically includes personal delivery to the defendant or an authorized agent, or in some cases, service by mail or publication if the defendant cannot be located. The service of these documents also establishes the court's personal jurisdiction over the defendant, meaning the court has the authority to make legal decisions affecting the defendant's rights. Maine's specific rules for service of process are detailed in the Maine Rules of Civil Procedure, and failure to properly serve a defendant can result in delays or dismissals of the legal action.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

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Maine State Code

Maine State Code

Civil procedure

summons and complaint

Articles