Legal Question in Civil Litigation in California
What is the time limit for actually serving the summons once you file the case in court in California. I found a time limit in federal bankruptcy law, but am unable to find a limit in California Code of Civil Procedure. I assume their must be one. In federal bankruptcy law, the summons is only good for so many days, I believe 15, then you must get another one.
3 Answers from Attorneys
I'm not sure there is a limit on how long the summons is good, but it's a long time. The time limit for service is a function of local rules in each county. I haven't looked up every county in the state, but I can't recall one off the top of my head that didn't require service to be complete in either 30 or 60 days.
By general statute you have up to three years to serve a defendant after filing a lawsuit whether they are named or unnamed i.e. a Doe defendant which is some one whose name you didn�t know name at first and then found out later. You then get an additional 30 days to file the proof of service with the court.
However each county has local fast track or trial reduction delay rules which usually mandate service within 60 to 90 days of filing complaint. So you need to check your local rules which usually can be found online on the court�s website.
If you don't serve the summons and complaint in a timely fashion the court can dismiss your lawsuit. Under the local fast track rules usually the court will set an order to show cause if you didn't comply with local rules. This is a hearing where you have to explain to the court why you were not able to comply with the rules. If you have a good excuse such was the defendant is evading service or has disappeared they will usually give you more time.
It should have been served within 60 days, but it doesn't go stale. It still has force and effect served late. Contact me directly.