Legal Definitions - original process

In legal contexts, original process refers to the initial formal document or set of documents issued by a court that officially begins a lawsuit and serves to notify the defendant of the legal action against them. Its primary purpose is to establish the court's jurisdiction over the defendant and inform them that they must respond to the allegations. The most common form of original process is a summons, often accompanied by a complaint or petition, which outlines the claims being made.

• Example 1: Civil Lawsuit for Damages

  A software company, "Tech Solutions Inc.," discovers that a former employee stole proprietary code and started a competing business. Tech Solutions' legal team drafts a complaint detailing the theft and seeking damages. The court then issues a summons, which, along with the complaint, is formally delivered to the former employee. This delivery officially notifies the employee of the lawsuit and requires them to respond.

  Explanation: The summons and complaint together constitute the "original process" because they are the very first legal documents that formally initiate the lawsuit against the former employee and bring them under the court's authority, compelling a response to the allegations.

• Example 2: Contract Dispute

  A construction company, "BuildFast," believes a materials supplier, "StrongSupplies," breached their contract by delivering substandard materials, causing significant project delays and costs. BuildFast files a lawsuit, and the court issues a summons and a copy of BuildFast's complaint to StrongSupplies. StrongSupplies then has a set period to file an answer with the court.

  Explanation: The summons and the complaint served on StrongSupplies are the "original process." They are the foundational legal instruments that formally commence the contract dispute lawsuit and provide StrongSupplies with official notice of the legal action, requiring their participation and response in court.

• Example 3: Mortgage Foreclosure

  When a homeowner defaults on their mortgage payments, the bank holding the mortgage may initiate foreclosure proceedings. The bank's attorney files a foreclosure complaint with the court. The court then issues a summons, which is served on the homeowner, notifying them that the bank is seeking to take possession of their property due to non-payment and informing them of their right to respond.

  Explanation: The summons and the foreclosure complaint represent the "original process" in this scenario. They are the initial legal documents that formally start the foreclosure lawsuit and provide the homeowner with official notice of the legal action, requiring their response or appearance in court to defend their property.