Statute:

Service of pleadings and demand for complaint

ยง 3012. Service of pleadings and demand for complaint. (a) Service of
pleadings. The complaint may be served with the summons, except that in
an action arising out of a consumer credit transaction, the complaint
shall be served with the summons. A subsequent pleading asserting new or
additional claims for relief shall be served upon a party who has not
appeared in the manner provided for service of a summons. In any other
case, a pleading shall be served in the manner provided for service of
papers generally. Service of an answer or reply shall be made within
twenty days after service of the pleading to which it responds.

(b) Service of complaint where summons served without complaint. If
the complaint is not served with the summons, the defendant may serve a
written demand for the complaint within the time provided in subdivision
(a) of rule 320 for an appearance. Service of the complaint shall be
made within twenty days after service of the demand. Service of the
demand shall extend the time to appear until twenty days after service
of the complaint. If no demand is made, the complaint shall be served
within twenty days after service of the notice of appearance. The court
upon motion may dismiss the action if service of the complaint is not
made as provided in this subdivision. A demand or motion under this
subdivision does not of itself constitute an appearance in the action.

(c) Additional time to serve answer where summons and complaint not
personally delivered to person to be served within the state. If the
complaint is served with the summons and the service is made on the
defendant by delivering the summons and complaint to an official of the
state authorized to receive service in his behalf or if service of the
summons and complaint is made pursuant to section 303, paragraphs two,
three, four or five of section 308, or sections 313, 314 or 315, service
of an answer shall be made within thirty days after service is complete.

(d) Extension of time to appear or plead. Upon the application of a
party, the court may extend the time to appear or plead, or compel the
acceptance of a pleading untimely served, upon such terms as may be just
and upon a showing of reasonable excuse for delay or default.

CVP 3012 2022-05-13

Sections:

Article 30 REMEDIES AND PLEADING
Section 3001 Declaratory judgment
Section 3002 Actions and relief not barred for inconsistency
Section 3003 Action for periodic payments due under pension or retirement contract no bar to action for future installments
Section 3004 Where restoration of benefits before judgment unnecessary
Section 3005 Relief against mistake of law
Section 3011 Kinds of pleadings
Section 3012 Service of pleadings and demand for complaint
Section 3012-A Certificate of merit in medical, dental and podiatric malpractice actions
Section 3012-B Certificate of merit in certain residential foreclosure actions
Section 3013 Particularity of statements generally
Section 3014 Statements
Section 3015 Particularity as to specific matters
Section 3016 Particularity in specific actions
Section 3017 Demand for relief
Section 3018 Responsive pleadings
Section 3019 Counterclaims and cross-claims
Section 3020 Verification
Section 3021 Form of affidavit of verification
Section 3022 Remedy for defective verification
Section 3023 Construction of verified pleading
Section 3024 Motion to correct pleadings
Section 3025 Amended and supplemental pleadings
Section 3026 Construction
Section 3031 Simplified procedure for court determination of disputes--action without pleadings
Section 3032 Contents of statement
Section 3033 Contracts to submit; enforcement of submission
Section 3034 Motion procedure to settle statement terms
Section 3035 Simplified procedure authorized
Section 3036 Court determination
Section 3037 Appeal
Section 3041 Bill of particulars in any case
Section 3042 Procedure for bill of particulars
Section 3043 Bill of particulars in personal injury actions
Section 3044 Verification of bill of particulars
Section 3045 Arbitration of damages in medical, dental or podiatric malpractice actions

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