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

Q: List derives from what specific source? (Federal court, rule for list of documents to serve with complaint and summons)

What rules of court define list of documents that have to Served on Defendant with Complaints and Summons? It would be beyond reason to serve all contents of court website on defendant.

Notices specific to the case must be served, ADR package.

Coversheet, Certification and Notice of interested parties - N/A.

Scheduling order was not issued, as well as initial standing order. If mandatory to serve - how to obtain?

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

A: The specific rules that govern the list of documents to be served on the defendant along with the complaint and summons in federal court are found in the Federal Rules of Civil Procedure (FRCP). The most relevant rules are:

1. Rule 4(a)(1)(B) - Summons: This rule states that the summons must be served with a copy of the complaint.

2. Rule 4(c)(1) - Service: This rule requires the plaintiff to furnish the necessary copies of the summons and complaint to the person who makes service.

3. Rule 7(a) - Pleadings Allowed: This rule lists the pleadings allowed in a civil action, with the complaint being the first pleading.

While it is not necessary to serve all contents of the court website on the defendant, certain case-specific notices and documents must be served. These typically include:

1. The complaint

2. Summons

3. ADR (Alternative Dispute Resolution) package

4. Civil cover sheet (if required by local rules)

5. Certificate of Interested Parties (if required by local rules)

The scheduling order and initial standing order are typically issued by the court after the complaint is filed and served. These documents are usually not available at the time of initial service. If they are mandatory to serve and have been issued, you can obtain them from the clerk's office or through the court's electronic filing system (e.g., PACER).

It's important to also check the local rules of the specific federal district court where the case is filed, as they may have additional requirements for service of documents.

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