Los Angeles, CA asked in Personal Injury and Health Care Law for California

Q: for INITIAL service of process of Complaint, First Amended Complain, and Summons on First Amended Complaint

Should order by Judge, and Order for time extension to file Amended Complaint be served on Defendant, for INITIAL service of process of Complaint, First Amended Complain, and Summons on First Amended Complaint. Defendant did not appear at the case yet: there were no prior serves

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James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In the United States District Court for the Central District of California, when serving the defendant with the initial service of process of the First Amended Complaint and Summons on the First Amended Complaint, you should include the following documents:

1. The Summons on the First Amended Complaint

2. The First Amended Complaint

3. Any exhibits or attachments referenced in the First Amended Complaint

4. The relevant standing orders (as mentioned in a previous response)

5. Other case-specific documents, such as a civil cover sheet or notice of interested parties

Regarding the order by the Judge granting an extension of time to file the First Amended Complaint, it is not strictly necessary to serve this order on the defendant as part of the initial service of process. The order primarily pertains to the court's permission for you to file the amended complaint and does not directly impact the defendant's rights or obligations at this stage.

However, it is generally a good practice to include all relevant court orders when serving the defendant to ensure they have a complete record of the case. This can help avoid confusion and potential disputes down the line.

Keep in mind that if the defendant has not yet appeared in the case and there have been no prior service attempts, you must ensure that the service of process is completed in accordance with Federal Rule of Civil Procedure 4 and any applicable state laws. This includes serving the defendant within the prescribed time limits and using an appropriate method of service.

In summary, while not strictly required, it is advisable to include the court order granting the extension of time to file the First Amended Complaint when serving the defendant with the initial service of process in the Central District of California.

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