defendants. I have a pending lawsuit against these same defendants, can I have someone not a party to this case send the summons and complaints to the counsels of these defendants via postal service mail?
The summons and complaint must be served in accordance with statute. Generally speaking, that means that personal service is required. The California Rules of Court provide that service should take place within sixty days of filing.
Pursuant to California Rules of Court Rule 3.110(b), you have 60 days to serve the defendants in your summons and complaint and to file a proof of service of summons. No, unless the two cases are consolidated, you cannot serve the summons and complaint via regular U.S. mail to counsel in the other case.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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