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Is the plaintiff obligated to serve the defendant with the complaint?

Created at: 13/01/2025 Est reading time: 0 Minutes and 20 Seconds

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Generally, no. It is the court clerk’s responsibility to effect service of the writ and summons on the defendant (and also on the plaintiff). However, the plaintiff may not remain passive: if the court clerk has not served the defendant with the writ within 60 days of the scheduled hearing, the plaintiff must serve the defendant with the writ at least 40 days before the scheduled hearing.

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