What documents are needed to serve process on a defendant?
Describe the
documents and how they are issued and served.
The documents needed to serve process on a defendant are the summons and the complaint. The summons is a document that identifies the parties to the lawsuit and the court in which the case will be heard. It also directs the defendant to respond to the complaint within a set period of time. The summons is prepared at the law office, often by the paralegal. A cover sheet for the case may also be prepared. The summons, complaint, and cover sheet (if used) are delivered to the court clerk together. The court clerk issues the summons by signing it and stamping her seal on it. (In federal court cases, the complaint may already have been filed under the FRCP provisions relating to waiver of notice.)
Service of process is the delivery of the summons and complaint to the defendant, thus notifying the defendant that a lawsuit has been filed against her. It is important because the court cannot exercise jurisdiction over the defendant without proof that the defendant was notified of the lawsuit.
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