Santa Clara California Notice - served with Complaint and Summons
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How to fill out Notice - Served With Complaint And Summons?
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FAQ
Typically, the defendant has 30 days to respond by filing an answer. An answer includes the defendant's responses to the plaintiff's allegations and any defenses.
You must answer the complaint and file it at the office of the Clerk of Court within 30 days from the date you personally received the complaint or if received by registered mail, the date when you signed for the complaint. If you cannot respond within that time you must request additional time to answer.
Serve the Subpoena. It must be served within a reasonable time in order for the other person to be able to travel to the hearing (or trial). Anyone, even you, can serve your Subpoena, but this must be done IN PERSON (not by mail).
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.
There are three ways to serve a claim: A. service by the Sheriff from a courthouse near where the defendant lives or works, B. hire a registered process server, or C. having a friend or family member over the age of eighteen provide the service.
California Rule of Court 2.251 - Proof of electronic service (2) Proof of electronic service may be in electronic form and may be filed electronically with the court. (3) Under rule 3.1300(c), proof of service of the moving papers must be filed at least five court days before the hearing.
The Supreme Court in July last year had agreed in principle that serving notices and summons on persons through instant messaging services such as WhatsApp and Telegram, in addition to emails, would be legally valid.
2005 California Code of Civil Procedure Sections 583.210-583.250 Article 2. Mandatory Time for Service of Summons. 583.210. (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant.
In Unlawful Detainer cases, the summons and complaint can sometimes be served by posting a copy on the premises and then mailing a copy of the summons and complaint by certified mail to the defendant's last known address (California Code of Civil Procedure §415.45).
California Service of Process Laws to Note A summons may be served by any person who is at least 18 years of age and not a party to the action.