Friday, April 8, 2016

Federal Service of Process Change

The Federal Rules of Civil Procedure recently changed the time limits on service of process under Rule 4 to ninety (90) days.  The revision reads as follows:

"(m) Time Limit for Service. If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j)(1) or to service of a notice under Rule 71.1(d)(3)(A)."

It was 120 days for the longest.  Be mindful of this change.

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