California Rules of Court, Rule 3.110(b) – Time for Service of Complaint
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California Rules of Court, Rule 3.110(b) – Time for Service of Complaint
California Law
(b) Service of complaint
The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint. When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended 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 governs the timing for filing proofs of service when a new party is added to the case. Specifically:
When a new party is joined or added, the plaintiff must serve the new party and file proof of service within 30 days after the party is added.
Purpose
To ensure that all parties are promptly informed of their involvement in a case and that the court has a clear record of who has been served. This facilitates orderly litigation and helps avoid procedural delays due to unserved or improperly added parties.
Application
This rule applies whenever a new party is joined to an existing case—whether through amendment of the complaint, substitution, or cross-complaint. The plaintiff must:
Serve the newly added party within 30 days of their joinder,
File proof of service with the court within the same 30-day window.
Failure to meet these deadlines may result in the court issuing a notice to show cause or imposing sanctions, including dismissal or exclusion of claims.
