Service of Process

Service of process is the formal delivery of the complaint and a summons to each defendant, giving official notice of the lawsuit. Until a defendant is properly served, or agrees to waive service, the case generally cannot proceed against it.

Origin

Service of process is a requirement of due process: a person or company must have fair notice before a court can bind it. Each court's rules set how service is made, such as by personal delivery, delivery to a registered agent, or certified mail, and set deadlines; in federal court the general deadline is 90 days after the complaint is filed.

Significance in Asbestos Context

In asbestos cases, the complaint may name dozens of companies, some of them out-of-state, foreign, merged or long dissolved. Serving each one correctly can take work: corporations are usually served through a registered agent, foreign companies may require international procedures, and successor companies must be identified first. Many repeat asbestos defendants accept service through their lawyers to save time. Errors in service can lead to dismissal or delay, and a defendant that is never served is not bound by the case. Service also starts the defendant's clock to respond with an answer or motion. Delays matter most when the plaintiff is seriously ill and time is short, which is why lawyers usually start service as soon as the complaint is filed and follow up with any defendant that has not responded.

Example Sentence

The plaintiff's firm completed service of process on all but two defendants within a week; one foreign manufacturer required service under an international treaty.

Related Terms

Complaint, Answer, Defendant, Default Judgment, Personal Jurisdiction, Successor Liability

Notes

• Service is handled by your lawyer's office; you do not need to contact defendants.
• If you are ever served with papers in a related matter, send them to your lawyer the same day.