Time Limit For Service of Suit

[PayrollHRGuy]

Question. In Federal Court is there any time limit in which the defendant must be served? The defendant is in Arkansas. And the registered agent is at the location as listed with the Arkansas SOS office 8-5 Monday through Friday.

Case was filed 9/28/22 in the USDC for the Western District of Texas.

 

[Tax Counsel]

Question. In Federal Court is there any time limit in which the defendant must be served?

Case was filed 9/28/22 in the USDC for the Western District of Texas.

Then there is likely still plenty of time to serve the defendant. Unless federal law provides otherwise (which it does for certain specific types of cases) the rule that applies is Federal Rule of Civil Procedure (FRCP), which states:

(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), 4(h)(2), or 4(j)(1), or to service of a notice under Rule 71.1(d)(3)(A).
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As it has not been even 30 days yet since the complaint was filed, there is still approximately 2 more months to go.

 

[PayrollHRGuy]

Thank you, TC.

 

[zddoodah]

Local rules may also have something to say about this. If you're pro se, you MUST become intimately familiar with the FRCP and local rules (and any chambers rules of the district and magistrate judges to whom the case has been assigned). If you have an attorney, the attorney should be aware of all this.

 

[PayrollHRGuy]

I'm not named in the suit and the person that is is in the process of interviewing law firms.