Legal Question in Legal Ethics in California
process service
since i was not served within 60 days of filing of a civil complaint, can a lawyer on my behalf without my presence in court on the assigned date quash the service and move for dismissal? then the plaintiff would be required to file over again and have me served, since i would not be present in court.
Asked on 7/28/06, 4:45 am
1 Answer from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
Re: process service
No. Service within 60 days is not jurisdictional, but a court requirement. The plaintiff will be required to return to court to explain why you haven't been served and perhaps face monetary penalties. However, the court usually will not dismiss a case so soon, just the summons and complaint have not been served. Often there are tactical reasons to hold back on service.
Answered on 7/28/06, 10:49 am
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