Service of the Summons and Complaint

Service of the Summons and Complaint

Learn about the requirements of due process when a lawsuit is initiated, including the rules for proper service of a summons and complaint, as well as voluntary waiver of service by the parties.


Now, let’s talk about service of the summons and complaint. By way of a brief overview: First, we’ll talk about due process and why we require service, which is to give the defendant reasonable notice of the case and a chance to respond. Next, we’ll survey the intricate rules governing service. Lastly, we’ll talk about how the parties can agree to waive formal service.

I. Due Process and the service requirement

The Fifth and Fourteenth Amendments of the U.S. Constitution require that we...