Service of Process question re: First Amended Complaint

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 .

Philadelphia, PA -

Attorney Answers (3)

Gregory S. Shields

Gregory S. Shields

Personal Injury Lawyer - Media, PA

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.

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Stewart C Crawford Jr.

Stewart C Crawford Jr.

Lawsuit / Dispute Attorney - Media, PA

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

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Constantine D. Buzunis

Constantine D. Buzunis

Litigation Lawyer - San Diego, CA

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.

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