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An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint.
Because the jurisdiction of the court in which the action is pending over a defendant who has been properly served with summons continues throughout subsequent proceedings in the action (CCP §410.50), the plaintiff need not obtain an additional summons to serve on the defendant when the complaint is amended.
Any person who is at least 18 years old and not involved in the case may serve papers. The person who serves the papers will have to fill out a Proof of Service form showing what they gave (served) to the other parties. Choose someone to serve the papers who is able to fill out the form.
Example of Defendant Pleading in the Alternative Let's say Paulina sues Debbie for failing to pay for a car Paulina sold her. Debbie can't remember whether she paid for the car. In fact, she thinks the car was a gift. And besides, Debbie thinks the car was defective so she should not owe any money to Paulina.
(b) Service of 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.
Alternative pleading is a form of pleading that allows a party to allege two or more claims which are inconsistent with each other. Alternative pleading is fundamental to the United States court system. During a lawsuit, pleading occurs before the evidence gathering process of discovery.
If you are adding new parties to the lawsuit, you will also need to complete a Summons-Cross Complaint (SUM-110) for the Cross-Complaint and have the new parties personally served with the Summons and Cross-Complaint. After service is complete, the server must complete the Proof of Service3 of Summons (POS-010) form.
Section 472 - Time for amending pleading by party of course (a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended ...