Principle

CIVIL PROCEDURE – Service of Process – Irregular Service May Be Waived After Valid Issuance

Area of law
Defective service is irregularity that can be cured or waived after valid issuance
Court
Supreme Court

Defective service is an irregularity, not a nullity, if the originating process was validly issued. The defendant may waive the irregularity by entering appearance. The principle applies to all service defects. The court may order fresh service or validate past service. The rule promotes substance…

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