Re: First Amended Complaint & Summon.

Asked over 2 years ago - Santa Monica, CA

When First Amended Complaint is mail to other party's attorney, should there be a new summon prepared and send along with the First Amended Complaint?

Thank you!

Chris.

Attorney answers (3)

  1. Phillip Monroe Smith

    Contributor Level 18

    3

    Lawyers agree

    1

    Answered . No. Another is summons is not required.You(or the opposing party) have already been summoned to appear.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    3

    Lawyers agree

    Answered . No. A First Amended Summons is not necessary unless there are new defendants added in the First Amended Complaint.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more
  3. Pamela Koslyn

    Contributor Level 20

    2

    Lawyers agree

    2

    Answered . No, not if there are no new parties added.

    You really should consult a lawyer now. You'll only get another 2 or maybe 3 chances to amend your complaint before it gets dismissed without leave to amend.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more

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