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Re: First Amended Complaint & Summon.

Santa Monica, CA |
Filed under: Litigation

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

Posted

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. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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Posted

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 only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is philsmithjr@worldclasslawyers.com.

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Posted

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 any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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