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do i have to re serve the defendant

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orion900

New member
I have a federal lawsuit im amending do I have to reserve the defendant? and if so can i mail it certified mail or would i have to hire a process server again? im in PA
 


adjusterjack

Senior Member
You are representing yourself in a federal lawsuit. You are expected to know and follow the federal rules of civil procedure instead of relying on strangers on the internet to teach you how to do it. Look up the rules. The answer is in them.
 

orion900

New member
ive looked up the rules plenty people represent themselves...im asking something I couldn't find in the rules
 

LdiJ

Senior Member
ive looked up the rules plenty people represent themselves...im asking something I couldn't find in the rules
Knowing that you MUST serve (not reserve) the other party is as basic as it gets. Yes, you probably should hire a process server since you do not appear to understand how things work.

Its true that plenty of people represent themselves. However, a good number of those people totally fail in representing themselves.
 

Litigator22

Active Member
I have a federal lawsuit im amending do I have to reserve [sic]the defendant? and if so can i mail it certified mail or would i have to hire a process server again? im in PA.
Why is it so that you've "looked up the rules" and yet need to ask if it is necessary (do I have to) serve the defendant with your proposed amended complaint?
Try once more with FRCP Rule 5 - "Serving and Filing Pleadings and Other Papers". And in particular subsection (a)(1)(B) "(serving) a pleading filed after the original complaint".

The time line and conditions under which you can file and serve your amended pleading are governed by FRCP Rule 15 - without leave of court or consent of opposing party - within 21 days of service of the original service of process; or within 21 days from the filing of a responsive pleading by the defendant or a motion under Rule 12 (b)(e) or (f).

Once a party has made a formal appearance in the lawsuit future service of pleadings, motions, discover documents, etc., can be made by mail with a certificate of service, but you won't find anything within the rules speaking of effecting service upon an opposing party by "certified mail"!
 

PayrollHRGuy

Senior Member
Once a party has made a formal appearance in the lawsuit future service of pleadings, motions, discover documents, etc., can be made by mail with a certificate of service, but you won't find anything within the rules speaking of effecting service upon an opposing party by "certified mail"!
I thought that after a formal appearance everything had to be filed via the CM/ECF System.
 

FlyingRon

Senior Member
I thought that after a formal appearance everything had to be filed via the CM/ECF System.
Filing and service are two different things. There's a list of things in Rule 5 that tell need to be served in addition to filed. This would appear to be one of them.
 

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