| Process is the general term for the delivery of a legal document by which a lawsuit is started and the court asserts its jurisdiction over the parties and the controversy. In modern U.S. law, process is usually a summons, as described above, or a subpoena, which commands a witness to give testimony. Rules of Civil and Criminal Procedure determine the proper form of legal process and how documents must be served. The rules vary among federal and state courts, but are meant to provide the defendant or witness notice of the proceedings and to command him or her to either respond to the allegations or to appear at a specified time. The concept of notice is critical to the integrity of legal proceedings. due process forbids legal action against a person unless the person has been given proper notice and an opportunity to be heard. |
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