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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 New York, the process of serving a defendant with a summons and complaint is governed by the New York Civil Practice Law and Rules (CPLR). To ensure due process, the defendant must be properly notified of the lawsuit and given an opportunity to appear in court and defend against the claims. This notification is typically accomplished by delivering a copy of the summons and complaint to the defendant. Service can be made in several ways, including personal delivery to the defendant, delivery to a person of suitable age and discretion at the defendant's residence or place of business, or through other methods as permitted by law if these methods are not successful. Proper service of process is crucial because it provides the court with personal jurisdiction over the defendant, which is the court's authority to make decisions affecting the defendant's rights. If service is not properly made, the court may not be able to hear the case, and any judgment made without proper service could be void.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

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New-York State Code

New-York State Code

Civil procedure

summons and complaint

Articles