341 (1936).ĭuring the course of the litigation, there may also be “service of process” where the process is a “ subpoena.” Here, the document instructs a witness to appear at a designated time and place for the taking of testimony, or orders certain documents be produced. All the papers in the lawsuit, summons included, must clearly identify the parties involved. If a party’s name is misspelled, or the documentation has the wrong first name or last name, then it is inadequate. The judge can then enter a “default judgment” against the defendant, and this can be for the full amount requested by the plaintiff in the case (or other kinds of relief, like specific performance of a foreclosure action). It will detail how failure to respond to the summons will be considered as a “default” by the defendant. The summons also explains what will happen if the person chooses to ignore the summons and its directives. The defendant must appear and/or serve written defenses within a certain time period (20 days) at a designated place (the civil court clerk’s office) and formally respond with their defense arguments against the claims made against them. The summons also gives specific instructions regarding how this person should respond to being sued. The legal document referred to with service of process is the “ summons.” A summons is what commences a lawsuit after the plaintiff has filed his or her initial Complaint (the “complaint” is the document that defines the cause or reason for the lawsuit and sets forth the damages being sought from the defendant).Ī summons explains in writing to the addressee that they have been named as a defendant in a lawsuit filed by the plaintiff. That legal document contains a formal command to its addressee, either to perform an act or to avoid a certain action. What is Service of Process?īreaking down the phrase “service of process” begins with the term “process.” This happens with the delivery of a legal document. The legal document referred to with service of process is the “ summons.” A summons is what commences a lawsuit after the plaintiff has filed his or her initial Complaint (the “complaint” is the document that defines the cause or reason for the lawsuit and sets forth the damages being sought from the defendant). This article focuses upon filing civil causes of action defined by Florida law in Florida state courts. Note: Federal litigation is outside the scope of this article. Insufficient service of process in Florida can cause the lawsuit to be dismissed. In Florida, notifying someone that they have been sued in a civil lawsuit happens with a legal procedure known as “service of process.” Service of process describes the complicated system of statutes, rules, and regulations that must be strictly obeyed both by the plaintiff and those acting on his behalf (process server, sheriff, etc.).įlorida’s “service of process” law applies not only to how the plaintiff effectuates service, but also in the procedures used by the defendant in objecting to how process was carried out by the plaintiff. Insufficient Service of Process in FloridaĪlan Sackrin, A Board Certified Civil Trial Expert Knows How To Help
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