Sheri Lynn Kelly's Answers

Sheri Lynn Kelly
San Jose Class Action Attorney.
Contributor Level 4

3

Attorney answers:

  1. Sheri Lynn Kelly
  2. Pamela Koslyn
  3. Kevin Samuel Sullivan

WHat are the rules regarding serving an amended complaint in a civil suit?

Asked by a user in Hemet, CA - 8 months ago.

Yes, you may serve the defendants with your amended complaint via U.S. mail and use the judicial council proof of service forms (POS 040). However, under the rules, a party to a lawsuit cannot serve pleadings in an action. So, if you are the plaintiff, you will need to arrange for someone else that is not a named party to serve your complaint. As for your other question about the petition to compel arbitration and other dispositive motions, these are common defense motions. But the case...

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