Legal Question in Administrative Law in California

Civil Lawsuit on Prisoner

Person A was involved in a car accident in California in 2005 and was insured. Person A is now a Federal Prisoner and Person B is trying to serve paperwork for a civil suit regarding accident. What is the statute of limitations and can a federal inmate be served when they can't appear?


Asked on 5/07/08, 3:13 pm

1 Answer from Attorneys

Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Civil Lawsuit on Prisoner

Service of all lawsuits in California is governed by the Code of Civil Procedure, the California Rules of Court, and the local court rules. Assuming the case was filed within two years after the day of the accident, the local court rules will specify when the plaintiff has to file his proof of service. I believe that a federal inmate can be served process, even if they can't appear. So, get a licensed process server whose area of business includes where the prison is located and get him to serve the prisoner. Speak with the process server: he can probably give you good information on how the service can be done. Finally, all cases must be served and proof of service must be filed with the Court within three years of filing the case or the case can be dismissed for non prosecution of the case (C.C.P., section 583.310). Under current Delay Reduction Rules, however, it almost never goes on for that long. If you can't show good cause why you haven't completed the service the judge assigned to the case will dismiss it under his discretionary power (C.C.P., section 583.410).

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Answered on 5/07/08, 7:48 pm


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