Endorsement of Complaint

The clerk of the court must endorse on the complaint the day, month and year that it is filed, and at any time within one year thereafter the plaintiff may have the summons issued, and if the action be brought against two or more defendants, for each at the same time. But at any time within the year after the complaint is filed, the defendant may, in writing, or by appearing and answering or demurring [filing the appropriate motion], waive the issuing of summons; or, if the action be brought upon a joint contract of two or more defendants, and one of them has appeared within the year, the other or others may be served or appear after the year at any time before trial. SOURCE: CCP § 406. COMMENT: While some of the contents of this section are contained in GRCP Rule 4, other parts appear substantive and, thus, cannot be replaced by the Rules of Civil Procedure. Demurrers have been abolished and replaced by the appropriate motions. NOTE: Section 407, Summons; Must contain, has been replaced by GRCP Rule 4.