Service of Process question re: First Amended Complaint

Asked almost 2 years ago - 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)

  1. Gregory S. Shields

    Contributor Level 11

    9

    Lawyers agree

    Answered . 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... more
  2. Stewart C Crawford Jr.

    Contributor Level 17

    4

    Lawyers agree

    Answered . 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,... more
  3. Constantine D. Buzunis

    Contributor Level 17

    4

    Lawyers agree

    Answered . 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.... more

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