Advisory to the Pro Se Litigant #8: Giving the Defendant Propoer Notice of the Suit

If you are filing a lawsuit, you are responsible to assure that the Defendant(s) learn about the lawsuit. Just as it would be unfair to try you with a crime without affording you the opportunity to respond, it is unfair for you to sue another party without giving them an opportunity to respond. Consequently, court rules provide that you deliver a copy of the court complaint, along with a “summons” to the Defendant. This delivery is known as “service.” If you are suing an individual, it is important that you deliver the complaint and summons to the Defendant personally. The rules also provide that you can deliver the summons and complaint by (1) mailing it to them by certified mail, specifying “restricted delivery” or (2) by leaving the complaint and summons at the Defendant’s residence with a competent adult. See Maryland Court Rule 2-121. Each court and jurisdiction has additional options if these aren’t successful. Once court in New Zealand, with similar rules of service to those in Maryland, accepted service by “facebook” when all other efforts to serve were exhausted. Be advised that you are typically required to serve the defendant usually within sixty days. If you are unable to do so within that time frame, you should contact the court concerning your options. The purpose of the laws of service are to assure that each defendant is given a an opportunity to respond and/or oppose the claims asserted. It would be unfair and improper to proceed without that assurance.