Service Of Summons in United States
Practical Information
Note: Some of this information was last updated in 1982
The manner in which jurisdiction (in U.S. law) is given to the courts by the parties to an action (in U.S. law). A summons (in U.S. law) served on the defendants is also a means of giving the defendant notice that an action is being brought against him or her and that failure to appear or answer will cause a judgment (in U.S. law) to be entered against the defendant by default (in U.S. law). Personal service is the most direct way of letting the defendant know he or she is being sued. The summons must be served personally within the territorial limits of the court’s authority.
Substituted service can be used when personal service upon a resident defendant cannot be accomplished. The plaintiff may see that a summons is left with someone at the defendant’s home or can attach it to the defendant’s door and mail a copy to him or her.
Service by publication is allowed in certain types of actions where neither personal service within the state nor substituted service is possible. Service is made by actual newspaper publication of the summons or by personal service outside the state.
Service by mail can be made in some states where new civil rules have been adopted to conform to Federal Civil Rules. The attorney signs a statement on the complaint that the service was made by mail on a certain date.
Whether service should be personal, substituted, or by publication depends on the type of action, where the party to be served resides, and ultimately, the rules of the state. Use of the correct means of service is vital for a court to obtain jurisdiction. If a court is to give a judgment affecting the status of property, it must be given jurisdiction over the property (jurisdiction in rem); if it is to give a judgment against a person, it must be given jurisdiction over the person (jurisdiction in personam). Generally, personal and substituted services gives in personam jurisdiction and service by publication gives in rem jurisdiction.
What is Service Of Summons?
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