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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 Georgia, as in all states, the legal process requires that a defendant in a lawsuit must be properly served with a summons or citation and a copy of the complaint initiating the lawsuit. This is to ensure due process, which is the constitutional right to be fairly notified of legal actions against one's interests, allowing the defendant the opportunity to appear in court and defend against the lawsuit. Additionally, service of process is necessary to establish personal jurisdiction, which gives the court the authority to make decisions affecting the defendant. In Georgia, service of process can be completed through various methods, including personal delivery to the defendant, delivery to someone residing at the defendant's home of suitable age and discretion, or through statutory methods such as service by publication if the defendant cannot be located. The specific rules for service of process in Georgia are outlined in the Georgia Civil Practice Act, particularly in O.C.G.A. §§ 9-11-4 to 9-11-4.1.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

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Georgia State Code

Georgia State Code

Civil procedure

summons and complaint

Articles