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California Rules of Court
Rules of Court rule 3.110
Rule 3.110. Time for service of complaint, cross-complaint, and response
(a) Application
This rule applies to the service of pleadings in civil cases except for collections cases under rule 3.740(a), unlawful detainer actions, proceedings under the Family Code, and other proceedings for which different service requirements are prescribed by law.
(Subd (a) amended effective July 1, 2007; previously amended effective January 1, 2007.)
(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.
(c) Service of cross-complaint
A cross-complaint against a party who has appeared in the action must be accompanied by proof of service of the cross-complaint at the time it is filed. If the cross-complaint adds new parties, the cross-complaint must be served on all parties and proofs of service on the new parties must be filed within 30 days of the filing of the cross-complaint.
(d) Timing of responsive pleadings
The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint.
(e) Modification of timing; application for order extending time
The court, on its own motion or on the application of a party, may extend or otherwise modify the times provided in (b)-(d). An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. The application must be accompanied by a declaration showing why service has not been completed, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed.
(Subd (e) amended effective January 1, 2007.)
(f) Failure to serve
If a party fails to serve and file pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed.
(Subd (f) amended effective January 1, 2007.)
(g) Request for entry of default
If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed. The court may issue an order to show cause why sanctions should not be imposed if the plaintiff fails to timely file the request for the entry of default.
(Subd (g) amended effective January 1, 2007.)
(h) Default judgment
When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time. The court may issue an order to show cause why sanctions should not be imposed if that party fails to obtain entry of judgment against a defaulting party or to request an extension of time to apply for a default judgment within that time.
(Subd (h) amended effective January 1, 2007.)
(i) Order to show cause
Responsive papers to an order to show cause issued under this rule must be filed and served at least 5 calendar days before the hearing.
(Subd (i) amended effective January 1, 2007.)
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.
This book, written By Paul A. Eads, helps readers know how to prepare before they initiate a legal endeavor and helps make the legal terms of family law issues easier to understand.
Client Testimonials
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Mr. Eads, you are a true master in your field.- Peter K.
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My ex boyfriend was very abusive. His attorney seemed to be very aggressive and was always filing Ex Parte (emergency) hearings for me to appear in court. Due to a cost issue, I attempted to handle matters myself but it seemed that I could not get my point accrues to the judge who seemed to be familiar with my ex boyfriend’s attorney. I found Mr. Eads in the phonebook and I thought I would give him a call. Mr. Eads was able to get the restraining order I was seeking and my ex boyfriend ended up paying Mr. Eads’ attorney fees. I can now feel rest-assured that my daughter and I will be safe. I also happy that I do not have to deal with my ex’s attorney anymore. Mr. Eads worked hard for me and I am confident he will do the same for you.- K.Y.
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I will be able to pay it off quicker and with more money left over with the payment Mr. Eads was able to negotiate for me.- John H.
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My previous attorney failed to show up for my court date and as a result, the matter was set for trial without any input from my side. I desperately sought out an attorney but most of them wanted a huge retainer up front. I found Mr. Eads and when I went in for a consultation, I found that his retainer was more than reasonable. I also liked the fact that he practices exclusively family law and seems very familiar with the local judicial officers. I felt very comfortable with Mr. Eads in my corner going into my trial and I found that the outcome was much more than I ever expected to receive. Mr. Eads was very thorough in my case evaluation and helped me get everything I was entitled to.- J.L.
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I decided to hire Mr. Eads based on his experience and the fact that his practice is limited to Family Law.- Veronica S.
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I am a business owner and when I got divorced, I was terrified that I would lose my business. My business was also heavily leveraged against and I did not have enough capitol to sustain the business and pay my wife spousal support. My ex had an attorney who was very intimidating and kept pressuring me to liquidate the business so that I could pay his attorney’s fees. I was referred to Mr. Eads by a friend. Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex. I was also able to shorten my spousal support obligation. I really appreciate Mr. Eads professionalism and guidance during these difficult times.- J.A.
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I am honored to write this review for Mr. Eads after he helped reunify me with my daughter after my ex abducted her and moved to Arizona. I was devastated when I came home from work to find my ex had left with all our daughter’s belongings. I called the police who told me I needed to hire an attorney. I came across Mr. Eads’ website and I was impressed with his bio. I contacted him immediately and within days, we were in court requesting that my the DA Abduction unit assist me in the return of my daughter. Not only did Mr. Eads get my daughter returned to me, I was able to have full physical custody and my ex has summer and holiday visitation. Mr. Eads is truly my hero. Thanks Mr. Eads!- Paul W.