Q: What is due date to Serve civ-110 and civ-12 - dismissal of legal action against defendants?
What is due date to Serve civ-110 and civ-12 - dismissal of legal action against defendants, after dismissal was entered? Due date after dismissal was entered
A:
In California, after a dismissal is entered in a legal action, the plaintiff is required to serve the defendants with a Notice of Entry of Dismissal (form CIV-120) and a Proof of Service (form CIV-110) within a specific timeframe.
According to California Code of Civil Procedure section 581(f)(2), the due date for serving these forms depends on how the dismissal was entered:
1. If the dismissal was entered by the clerk, the plaintiff must serve the Notice of Entry of Dismissal and Proof of Service on the defendants within 15 days of the dismissal being entered.
2. If the dismissal was entered by the court, the plaintiff must serve the Notice of Entry of Dismissal and Proof of Service on the defendants within 5 days of being served with the Notice of Entry of Judgment or Dismissal by the court.
It's crucial to adhere to these deadlines, as failure to timely serve the required forms may result in consequences, such as sanctions or the dismissal being set aside. If you're unsure about the specific due date in your case, it's advisable to consult with an attorney or contact the court clerk for guidance.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
