Civil Procedure
Service of Process
Formal delivery of a summons and complaint so a defendant receives legally recognized notice of a lawsuit.
Governing rule: Fed. R. Civ. P. 4
Plain-English definition
Service of process is the step that turns a filed complaint into a live case against a defendant. The plaintiff must deliver the summons and complaint in a method allowed by rule. If service is defective, the court may lack power to enter a judgment against that defendant.
How it works
Federal Rule 4 sets methods and deadlines, but it also allows many state-law service methods. Proof of service is filed so the court can see when and how service occurred.
Why it matters
Bad service can waste months, defeat default judgments, and create jurisdiction fights before the merits are ever reached.
Related terms
Default Judgment
A judgment entered against a party that failed to respond or defend after proper notice.
Personal Jurisdiction
A court's authority to make decisions binding on a particular defendant, based on the defendant's contacts with the forum state.
Summons
A court-issued document notifying a defendant that a lawsuit has been filed and that a response is required.
More in Civil Procedure
Amended Complaint
A revised complaint that changes, adds, or clarifies allegations, parties, or claims after the original complaint was filed.
Answer
The defendant's formal written response to the plaintiff's complaint, admitting or denying each allegation.
Class Certification
The judicial decision to allow a lawsuit to proceed as a class action on behalf of similarly-situated plaintiffs.
Collateral Estoppel
Also called issue preclusion. The doctrine that prevents re-litigating a specific issue that was actually decided in a prior case.
Complaint
The initial pleading filed by the plaintiff that starts a civil lawsuit.
Consolidation
Combining related cases for coordinated management, discovery, hearings, or trial.
Counterclaim
A claim brought by a defendant against the plaintiff within the same lawsuit.
Crossclaim
A claim by one party against a co-party, such as one defendant suing another defendant in the same case.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.