Legal Question in Personal Injury in California

service of lawsuit

what is the procedure w/regard to serving the defendants notice of the lawsuit after plaintiffs lawyer filed the lawsuit with the court? what is the normal lenght of time before the defendants well receive the lawsuit? we know the defendants address & he lives in this state. thank-you!

Asked on 9/07/08, 5:45 pm

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1 Answer from Attorneys

Arkady Itkin Law Office of Arkady Itkin
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Re: service of lawsuit

The plaintiff should serve the defendant within 60 days after filing a lawsuit. This rule is not rigidly applied. If the plaintiff is late to serve, the court will schedule a hearing in which plaintiff will have to show cause why the proof of service hasn't been filed yet.

More importantly, nothing will happen in the case till the defendant is served, so it helps serving it as soon as possible, unless of course the out-of-court settlement negotiations are still going on and the attorney does not want to serve the defendant for tactical reasons.


Arkady Itkin

California Employment & Injury Lawyer

San Francisco/Sacramento/San Jose

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Answered on 9/08/08, 2:40 pm

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