Code of Civil Procedure § 583.210 – Mandatory Time for Service of Summons
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Code of Civil Procedure § 583.210 – Mandatory Time for Service of Summons
Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34]
( Part 2 enacted 1872. )TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 – 674]
( Title 8 enacted 1872. )CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 – 583.430]
( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. )ARTICLE 2. Mandatory Time for Service of Summons [583.210 – 583.250]
( Article 2 added by Stats. 1984, Ch. 1705, Sec. 5. )California Law
583.210.
(a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.
(b) Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant.
(Amended by Stats. 2005, Ch. 300, Sec. 4. Effective January 1, 2006.)
California Law Summary
This statute mandates that a plaintiff must serve the summons and complaint on a defendant within three years after initiating the action. Failure to do so can result in mandatory dismissal of the case.
Key Provisions:
Timeframe for Service:
The summons and complaint must be served on the defendant within three years from the date the action is commenced, which is typically the date the complaint is filed.Proof of Service:
Proof of service must be filed within 60 days after the time the summons and complaint are required to be served.
Purpose
To ensure timely prosecution of civil actions and prevent undue delays in the legal process.
Application
In personal injury litigation, adherence to this statute is crucial. If a plaintiff fails to serve the defendant within the specified three-year period, the court is obligated to dismiss the case, regardless of its merits.
