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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 Florida, the process of serving a defendant with a summons 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 respond and defend themselves in court. Service of process must be conducted in a manner prescribed by Florida law, typically by a sheriff or a certified process server. The summons informs the defendant of the requirement to appear in court, while the complaint provides details about the claims being made. Proper service establishes the court's personal jurisdiction over the defendant, which is the court's authority to make legal decisions regarding the defendant. If service is not properly executed, the court may not be able to proceed with the case, and any judgments made could be voided.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

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Florida State Code

Florida State Code

Civil procedure

summons and complaint

Articles