Legal Question in Personal Injury in California

is there a time limit for summons on civil complaint to be served from the date it was filed?


Asked on 9/09/12, 10:42 pm

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Yes. It varies county to county it is normally 60 days and additional time can usually be requested. If 60 days pass the Court may issue an order setting a further date to serve the complaint by.

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Answered on 9/10/12, 8:51 am
Robert Worth Robert J. Worth , Professional Law Corporation

Yes, as Mr. Selik states, it is 60 days from the date the complaint is filed.

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Answered on 9/10/12, 10:57 am

The previous answers are correct. I write to add that there is no real penalty for missing the deadline. Depending on the court, if a proof of service is not filed within 15 days after the deadline, the court either immediately or some time later will issue an order to show cause why the case should not be dismissed for failure to serve it and set a hearing date for the OSC. If the summons is then served and the proof of service is filed, the OCS hearing will go away. If it is still not served and proof filed by the hearing date, then the plaintiff or their attorney has to show up and tell the judge what is going on and why it hasn't been served. If there is any even slightly reasonable reason, usually even including "I got busy and forgot; I'll get right on it," the case will not be dismissed. Procedural dismissals are HIGHLY disfavored. So courts rarely issue them unless repeated OSC's are ignored completely.

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Answered on 9/10/12, 12:45 pm


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