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Service of Process question re: First Amended Complaint

Philadelphia, PA |

I filed a complaint and it was personally served on the defendant . lawyers entered their appearance and i filed a First Amended Complaint which i only mailed to the lawyer's offices . does the amended complaint need to be served by a process server as well . . . . . i thought rule 5 stated mailing was okay ? no defendants were added to amended complaint .

Attorney Answers 3


You're referencing Rule 5 so I presume you are in Federal Court. Assuming that you are procedurally entitled to file an Amended Complaint, then service on the opposing attorney is proper. See Rule 5(b)(1). Federal Rules of Civil Procedure do not govern actions brought in the Pennsylvania Courts, but the answer is the same.

Federal Court is a scary place to be without an attorney. I would recommend you seek counsel.

This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is licensed in Pennsylvania and New Jersey, and you should contact an attorney in your jurisdiction if it is outside those jurisdictions.

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I agree with Attorney Sheilds make sure you are following the proper procedure and that if you are in fact in federal court, you had leave to amend and then followed the proper procedures under rule 5 for serving the attorneys.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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As the other attorneys have indicated, make sure that you are reviewing the correct rules of procedure. If you are in state court, then the federal rules do not apply. Also, ensure that you are allowed to file an amended pleading. If an answer was filed before the amended pleading, you were required to file a motion to amend

All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.

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