service of process
Học thuậtThân thiện
Definition
Noun: 1. The formal delivery of a legal writ, summons, or other court document: It is the official act of notifying a person or entity (like a company) that a legal action has been commenced against them and providing them with the relevant court papers. This delivery is a fundamental requirement for a court to have jurisdiction over the defendant.
Usage
- This term is used exclusively in legal contexts. It refers to the procedural step that officially starts a defendant's involvement in a lawsuit.
- The "process" being served includes documents like a summons, complaint, subpoena, or writ.
- Proper "service of process" is required to give the court authority over the defendant and to satisfy constitutional due process rights.
Examples
Advanced Usage
- Alternative service: A court-authorized method of service (e.g., by publication in a newspaper) used when traditional personal service is not possible.
- Proof of service / Return of service: A document filed with the court that confirms the "service of process" was completed, stating who was served, when, where, and how.
Variants and Related Words
- To serve process (verb phrase): The act of carrying out the service of process.
- The deputy will serve process on the witness tomorrow.
- Process server (noun): A person authorized to deliver legal documents.
- Service (noun, in law): Often used as a shorter form of "service of process" within legal discussions.
Synonyms
- Legal notification
- Delivery of summons
- Formal service
Related Idioms/Phrases
- To be served with papers: A common informal phrase meaning to receive legal documents via "service of process."
- He was served with papers at his office.
Noun
- the act of delivering a writ or summons upon someone
- he accepted service of the subpoena