Define: Process

In law, the term “process” refers to the series of steps or procedures that are followed to resolve legal disputes or carry out legal actions within the judicial system. This includes everything from initiating a legal action through filing a complaint or petition, to the various stages of litigation such as discovery, motions, and trial, and finally to the enforcement of court orders or judgments. The legal process is governed by rules and procedures established by law and court rules, which vary depending on the jurisdiction and the type of case involved. Effective navigation of the legal process often requires expertise in legal research, writing, and advocacy, as well as an understanding of the applicable laws and procedural rules.

When a complaint in a lawsuit is filed, it must be served on each defendant, together with a summons issued by the clerk of the court stating the amount of time (say, 30 days) in which the defendant has to file an answer or other legal pleading with the clerk of the court, and sent to the plaintiff. New York has an unusual system in which a summons may be served without a complaint. A subpena is similar to a summons but is a notice to a witness to appear at a deposition (testimony taken outside court) or at a trial. A subpena duces tecum is an order to deliver documents or other evidence either into court or to the attorney for a party to a lawsuit or criminal prosecution. An order to show cause is a court order to appear in court and give a reason why the court should not issue an order (such as paying temporary child support). The summons, complaint, subpena, subpena duces tecum, and order to show cause must all be “served” on the defendant or person required to appear or produce, and this is called “service of process.” Service of process is usually made by an officer of the court, such as a deputy sheriff or marshal, or a professional process server, but can be performed by others in most jurisdictions.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th April, 2024.