The defendant in a lawsuit must be served (delivered) a summons or citation (an order from the court to appear and answer the lawsuit) and a copy of the lawsuit (1) to provide due process (fairness) by giving the defendant notice of the lawsuit and the opportunity to appear in court and defend the lawsuit; and (2) to give the court personal jurisdiction (authority) over the defendant.
In Texas, the legal process requires that a defendant in a lawsuit must be properly served with a summons or citation, along with a copy of the lawsuit. This is a crucial step to ensure due process, which is the constitutional right to fair treatment through the judicial system. Serving these documents notifies the defendant of the legal action being taken against them and provides them with the opportunity to appear in court to defend themselves. Additionally, service of process is necessary for the court to establish personal jurisdiction over the defendant, which is the court's authority to make decisions regarding the individual. Texas law outlines specific procedures for how service must be accomplished, which can include personal delivery by a process server, service by certified mail, or other methods as authorized by the Texas Rules of Civil Procedure. Failure to properly serve a defendant can result in delays or dismissal of the lawsuit.
