lassignation

Lassignation is a term used in civil-law jurisdictions to refer to the formal act and instrument by which a plaintiff initiates a civil action by notifying the defendant to appear in court. The correct spelling in French is l'assignation (or assignation à comparaître). The expression is used in French-speaking jurisdictions and in legal language influenced by French civil law. It designates the official writ or notice that starts litigation and obliges the defendant to respond.

Content and procedure. The document is typically drafted by the plaintiff or their lawyer and served by an authorized official, such as a huissier de justice (bailiff). It identifies the parties, states the court or jurisdiction, provides a summary of the claims, and sets out the relief sought. It also specifies the time limit within which the defendant must respond and may fix the date for appearance or the schedule for filing a defense or response.

Effect and consequences. Service of the l'assignation begins the formal litigation process. The defendant’s failure to respond within the prescribed deadline can lead to procedural consequences, such as a default judgment or other remedies available to the plaintiff. The document may also allow for preliminary steps, such as jurisdictional challenges, requests for extensions, or subsequent pleadings, depending on the jurisdiction.

Jurisdiction and terminology. The exact form and procedural details of l'assignation vary across French-speaking civil-law jurisdictions, including France, Belgium, and Quebec. In English-language contexts, the closest equivalents are terms such as writ of summons or service of process in common law systems, with the precise meaning dependent on the local legal framework.