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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 Michigan, as in all states, the legal process requires that the defendant in a lawsuit be properly served with a summons and a copy of the complaint. This is to ensure due process, which is the constitutional right to be informed of legal action against you and to have a fair opportunity to respond and defend yourself in court. The summons notifies the defendant that they are being sued and typically provides information on how much time they have to respond to the lawsuit. Serving these documents also allows the court to establish personal jurisdiction over the defendant, which is the court's authority to make decisions regarding the defendant in the case. Michigan court rules outline specific procedures for how service must be accomplished, which can include personal delivery, service by mail, or in some cases, publication if the defendant cannot be located. Failure to properly serve a defendant can result in delays or dismissals of the lawsuit.

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Civil procedure

serving defendant with lawsuit

Individual & Family Legal Plan

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Michigan State Code

Michigan State Code

Civil procedure

serving defendant with lawsuit

Articles