Legal Question in Civil Rights Law in Georgia

civil servance

When a divorce or any other civil process is filed, aren't both parties involved required by law supposed to receive a certified copy of the suit/


Asked on 3/30/06, 10:05 pm

1 Answer from Attorneys

Keith Reisman Reisman Law

Re: civil servance

Plaintiff is the person who files the lawsuit. When plaintiff files the lawsuit, plaintiff may have a copy of the papers stamped by the clerk showing that the papers have been files. This copy is not a certified copy. Defendant is the person who the lawsuit is against. A complaint usually must be served on the individual defendant by a sheriff or marshal or in some places by a person appointed by the court to serve the complaint. The defendant usually receives a summons and a copy of the complaint. Neither the summons nor the complaint needs to be certified, but the summons needs to be signed by someone in the clerk's office and both it and the complaint should be stamped showing that it has been filed with the court. After the complaint, papers in a lawsuit can be filed on the opposite party by mail or hand delivery and in no case must the papers be certified copies. NOTE: These are general rules for complaints filed in a Georgia court against an individual.

This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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Answered on 3/31/06, 1:02 pm


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