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 (the complaint) (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 and a copy of the complaint to ensure due process and to establish the court's personal jurisdiction over the defendant. Due process is a constitutional guarantee that ensures fairness by informing the defendant of the legal action against them and allowing them the opportunity to appear in court and defend themselves. Personal jurisdiction refers to the court's authority to make decisions regarding the defendant in the case. Service of process must be carried out in accordance with the Texas Rules of Civil Procedure, which outline the acceptable methods of service, such as personal delivery to the defendant, delivery to someone of suitable age and discretion at the defendant's residence, or through certified mail, among other methods. Failure to properly serve a defendant can result in delays or dismissal of the lawsuit.
