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 North Carolina, the process of serving a defendant with a summons and a copy of the complaint is a critical step in the commencement of a lawsuit. This procedure ensures due process by notifying the defendant of the legal action against them and allowing them the chance to respond and defend themselves in court. The summons informs the defendant of the requirement to appear before the court, while the complaint provides details about the claims being made against them. Service of process can be accomplished through various methods, including personal delivery, service on an agent, or by registered or certified mail, return receipt requested. Once the defendant is properly served, the court gains personal jurisdiction over them, which is the court's authority to make decisions affecting the defendant's rights. Failure to properly serve a defendant can result in delays or dismissal of the lawsuit. North Carolina's rules regarding service of process are outlined in the North Carolina Rules of Civil Procedure, specifically in Rule 4.