Legal Question in Real Estate Law in California

Wow many times will need to serve the defendant, befor the case is closed


Asked on 3/03/10, 8:53 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

How many times? It could be anywhere from two or three times to dozens, depending on whether the defendant defends or defaults. Ordinarily, only one personal service by process server is necessary. Subsequently, the defendant or the defendant's attorney can usually be served by mail. Also, you need to get clear on how lawsuits end. Thinking in terms of "get closed" may be very misleading. Lawsuits end in several possible ways, including by judgment after trial, judgment after a summary judgment motion, voluntary dismissal by the plaintiff, involuntary dismissal by order of the court, dismissal after a voluntary out-of-court settlement, dismissal due to referral to arbitration, and a few other ways. Serving papers on the other side is usually necessary EVERY time you file something with the Court, and also is necessary when conducting discovery, even though discovery papers aren't usually filed with the Court. Get a lawyer if you don't understand the reasons or processes for serving papers on the other party in a legal action.

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Answered on 3/08/10, 10:11 pm


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