Hey all, I filed a motion for leave to add new defendants to my case a couple of days ago, but the judge hasn’t ruled on it yet. The original defendant’s lawyer complained that they weren’t properly served. Am I supposed to wait until the judge officially approves the new defendants before serving them? Any advice?
Yeah, I think you do need to wait for the judge to approve it first. If they allow the amendment, then you’ll be clear to serve everyone, both the new and current defendants.
Rowan said:
Yeah, I think you do need to wait for the judge to approve it first. If they allow the amendment, then you’ll be clear to serve everyone, both the new and current defendants.
Got it, thanks! Makes sense to get everything ready, but I’ll hold off until it’s official.
Rowan said:
Yeah, I think you do need to wait for the judge to approve it first. If they allow the amendment, then you’ll be clear to serve everyone, both the new and current defendants.
Yep, makes things simpler that way. Less chance for any complaints from the other side about service issues.
Have you responded to their motion to dismiss yet? Sometimes they only allow one additional response, called a ‘surreply,’ to address new arguments.
Whit said:
Have you responded to their motion to dismiss yet? Sometimes they only allow one additional response, called a ‘surreply,’ to address new arguments.
Yeah, I already replied once, but they added new stuff in their latest memorandum. So I should be able to do a surreply, right?
Whit said:
Have you responded to their motion to dismiss yet? Sometimes they only allow one additional response, called a ‘surreply,’ to address new arguments.
Exactly! You can file a surreply to respond to just the new points. Keeps things focused on the latest arguments.
Wait, does this mean all added defendants get served right after approval? Even if they’re out of state?
Harley said:
Wait, does this mean all added defendants get served right after approval? Even if they’re out of state?
Pretty much, yeah! Once the judge approves, everyone listed needs to be served, regardless of where they are. They’ll still need jurisdiction for each though.
Harley said:
Wait, does this mean all added defendants get served right after approval? Even if they’re out of state?
Yeah, the judge will decide on jurisdiction issues. Sometimes out-of-state defendants can be included if they’re key to the case.
If you added a Police Department and some lawyers, could the judge potentially keep some defendants and remove others?
Darcy said:
If you added a Police Department and some lawyers, could the judge potentially keep some defendants and remove others?
Possibly. The judge might keep the PD if they’re integral to the case and the judgment relies on them. I’ve heard it depends if a full decision can’t be reached without them.
Darcy said:
If you added a Police Department and some lawyers, could the judge potentially keep some defendants and remove others?
There’s precedent for that, yeah! The court wants everyone involved who’s necessary for a fair judgment.
So are you ready to serve everyone right after the judge approves?
Reed said:
So are you ready to serve everyone right after the judge approves?
Yep! Getting everything lined up so as soon as it’s approved, I can move quickly with service.
Reed said:
So are you ready to serve everyone right after the judge approves?
Smart move. Saves time and avoids delays!