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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 Virginia, the process of serving a defendant with a summons or citation and a copy of the complaint is a critical step in initiating a 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. The service of process must be executed in a manner prescribed by Virginia law, which may include personal delivery by a sheriff or a process server, service by mail, or in some cases, by publication if the defendant cannot be located. Once the defendant is properly served, the court gains personal jurisdiction over them, meaning the court has the authority to make decisions regarding the case that involve the defendant. Failure to serve the defendant according to the legal requirements can result in delays or dismissal of the lawsuit.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

Articles

Virginia State Code

Civil procedure

summons and complaint

Articles

Virginia State Code