If the plaintiff does not serve the complaint with the summons, what action can the defendant take?

When a plaintiff initiates a lawsuit, it is essential for the complaint to be served alongside the summons. The purpose of the complaint is to provide the defendant with the necessary details about the claims being made against them. If the complaint is not served with the summons, the defendant has the right to request a copy of the complaint to ensure they understand the nature of the litigation and can adequately respond.

Serving a written demand for the complaint is a formal request that allows the defendant to obtain the missing document. This demand is a crucial step because it places the obligation on the plaintiff to provide the necessary information to the defendant, thereby facilitating the proper progress of the case. Without the complaint, the defendant cannot reasonably prepare a defense, thereby justifying their request.

Other options, while potentially valid actions in different contexts, do not address the immediate issue of the missing complaint. For instance, filing a motion to dismiss is usually based on specific legal grounds, but it might not be appropriate if the defendant has not yet seen the complaint to evaluate its sufficiency. Making a counter-claim is only viable once the defendant is engaged in the litigation process and understands the claims against them. Denying all allegations in the summons also does not help clarify the claim since the defendant