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Monday, November 28, 2011

Service of Process Law Review Article

This morning the National Law Review published an article commissioned by NAPPS on the relevance of personal service in a digital age.  It is definitely worth taking the time to read it in its entirety.  The following is a quote. 

There is perhaps no set of acts more important in furtherance of commencing an action before a court than the filing of a complaint and the service of process on a defendant. Simply put, without proper service of process a Court has no jurisdiction over a defendant and may not proceed to judgment.4 Further, any such judgment rendered will in all likelihood be deemed void. As discussed below, a critical underlying rationale for the strict requirements relating to service of process is for a court to obtain jurisdiction over the defendant, to give a defendant reasonable notice as to the pendency of a claim, and to provide a meaningful opportunity to raise constitutional issues.

Here is a link to the article.