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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 Kentucky, 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 a fundamental aspect of due process, which ensures that the defendant is given fair notice of the legal action against them and the opportunity to appear in court to defend themselves. The service of process must be carried out in a manner prescribed by law, which typically includes personal delivery to the defendant, delivery to someone of suitable age and discretion at the defendant's residence, or in some cases, by certified mail. Proper service of process is also necessary for the court to establish personal jurisdiction over the defendant, which is the court's authority to make legal decisions affecting the defendant's rights. If a defendant is not served according to the state's rules, they may challenge the court's jurisdiction, and the case may be dismissed or delayed until proper service is accomplished.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

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Kentucky State Code

Kentucky State Code

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Civil procedure

summons and complaint