dealines

Here are some key dates to keep in mind.

When the plaintiff and defendant are both located within Orange County, then the defendant must be served at least 15 days prior to the trial date.

If you filed your case outside Orange County and the defendant lives within Orange County, then at least 20 days prior to the trial date, a defendant must be served.

At least 25 days prior to the trial date, the process server can do a "substituted service".

If you filed your case outside Orange County and the defendant lives within Orange County, then at least 30 days prior to the trial date, a defendant can be served by substituted service.

At least 5 days prior to the trial date, proof of service must be filed with the clerk of the court.

At least 3 days prior to the trial date, if you have not been able to serve the defendant, you must ask for an postponement.  Otherwise your case may be dismissed.

Now is the right time to serve the lawsuit.  Waiting until the last minute so you can "surprise" the defendant is never a good idea. Judges expect you to act in good faith, and that means giving the defendant plenty of time to learn about your lawsuit and to try to work things out with you before the case goes to trial.
Contact Us