Legal Question in Civil Litigation in California

If I am filing an amended complaint for an unlimited civil complaint and I have yet to serve the first complaint yet when I serve the amended complaint should serve the initial complaint to the defendants when I serve them for the first time? thanks

Asked on 10/24/13, 1:30 pm

3 Answers from Attorneys

Joel Selik

You do not need to serve the Original Complaint, but make sure that some Summons is served.

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Answered on 10/24/13, 1:31 pm

Anthony Roach Law Office of Anthony A. Roach

No, but you will need a new summons for the amended complaint.

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Answered on 10/24/13, 1:35 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services

Amended pleadings completely supersede the previous pleadings. There is no need to serve anything that has been replaced by an amendmend version.

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Answered on 10/24/13, 1:38 pm

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