Do you have to serve a Summons with a complaint filing a malpractice civil case or can you just serve the complaint?

Asked 7 months ago - Los Angeles, CA

There is a complaint, but told need to serve a summons as well? Do you have to serve this one page summons with the complaint? If you do do you need to file in court first the complaint to get the summons stamped conformed, or do you serve it without court stamp conformed? Is it invalid service if only serve the complaint as thought had to serve the complaint before filing? should it be reserved with Summons and complaint? thanks.

Attorney answers (3)

  1. Robert Bruce Kopelson

    Contributor Level 20


    Lawyers agree

    Answered . You file the original complaint with the court and get stamped conformed copies. You serve one of those. You also bring several summons typed up, and the court will issue an original, and give you conformed copies. You serve an issued summons with the complaint. Service isn't proper without both. You also need to serve the ADR info and the notice of the CMC.

  2. Shazad Z Omar


    Contributor Level 15

    Answered . Any sort of malpractice action should be handled by an attorney. You only have one bite at the apple and if you have a claim that has merit you should have proper representation for this type of matter. I strongly urge you to discuss with local counsel.

    This response is not intended, nor should it be construed as legal advice. Any information provided is for... more
  3. Tara Candela RN

    Contributor Level 14

    Answered . I would like to add that you should probably consult with an attorney if you are confused about this process. You may lose valuable rights by doing things improperly. Best of luck!

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