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Civil procedure

serving defendant with lawsuit

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 (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 Florida, the process of serving a defendant with a summons or citation, along with a copy of the lawsuit, is a critical step in the legal process. This procedure ensures due process by officially notifying the defendant of the legal action against them and granting them the opportunity to appear in court to defend themselves. Additionally, service of process is necessary for the court to establish personal jurisdiction over the defendant, which is the court's authority to make decisions regarding the individual. Florida law requires that the service of process be carried out in a manner prescribed by the Florida Rules of Civil Procedure. This typically involves personal service, where the documents are handed to the defendant in person, or service by constructive means, such as posting or publication, if the defendant cannot be located after diligent search and inquiry.

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Civil procedure

serving defendant with lawsuit

Individual & Family Legal Plan

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Florida State Code

Florida State Code

Civil procedure

serving defendant with lawsuit

Articles