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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 Michigan, as in all states, the legal process requires that the defendant in a lawsuit be properly served with a summons and a copy of the complaint. This is to ensure due process, which is the constitutional right to be informed of legal action against you and to have a fair opportunity to respond and defend yourself in court. The summons notifies the defendant of the lawsuit and the requirement to appear in court, while the complaint provides details about the claims being made against the defendant. Additionally, service of process is necessary for the court to establish personal jurisdiction over the defendant, which means the court has the authority to make decisions regarding the defendant in the case. Michigan court rules outline specific procedures for how service must be accomplished, which can include personal delivery, service by mail, or other methods as permitted by law. Failure to properly serve a defendant can result in delays or dismissal of the lawsuit.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

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Michigan State Code

Michigan State Code

Civil procedure

summons and complaint

Articles