California Rules of Court, Rule 3.110(c) – Time for Service of Cross-Complaint
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California Rules of Court, Rule 3.110(c) – Time for Service of Cross-Complaint
California Law
(c) Service of cross-complaint
A cross-complaint against a party who has appeared in the action must be accompanied by proof of service of the cross-complaint at the time it is filed. If the cross-complaint adds new parties, the cross-complaint must be served on all parties and proofs of service on the new parties must be filed within 30 days of the filing of the cross-complaint.
Rule 3.110 amended effective July 1, 2007; adopted as rule 201.7 effective July 1, 2002; previously amended and renumbered effective January 1, 2007.
California Law Summary
This rule requires that the summons and complaint be served on all named defendants within a defined period. Specifically:
Service of the complaint and summons must be completed within 60 days after the complaint is filed.
Purpose
To promote the timely commencement of litigation and to ensure that defendants receive notice of the action without undue delay. This facilitates early case management and prevents cases from stalling due to lack of service.
Application
This rule applies to all civil actions filed in California state courts. The plaintiff must:
Serve each named defendant with the summons and complaint within 60 days of filing the initial complaint,
Act diligently to identify and serve all parties.
Noncompliance may result in the court issuing a notice of intent to dismiss or ordering sanctions, including dismissal of the action or striking of pleadings.
