PRETRIAL ADJUDICATION
...Dismissal
......Involuntary: Mandatory
.........Failure to Serve & Return Summons
13 Cards On This Topic:

Summons and complaint shall be served on D within 3 years after action commenced against D; POS of summons must be filed within 60 days of time S&C must be served.

Dismissal if service not made in action within prescribed time limits.

Computing time for service: exclusions; exceptions.

Nonapplicability of time limit for service.

Party who merely seeks extension of time to plead cannot reasonably be deemed to make general appearance so as to excuse delay in service.

Dismissal is too drastic a first sanction for failure to serve complaint in time required by local delay reduction rule; in any event, atty, not client, deserves sanction.

Exception to mandatory dismissal for failure to serve and return within 3 yrs applies only if circumstances beyond party’s control preclude compliance.

Failure to effect timely service not excused because D had notice through courtesy copy of summons and complaint and communications with P’s counsel.

[Repudiated] exception to mandatory dismissal for failure to serve and return summons within 3-yr. period: P’s reasonable diligence in prosecuting. [No longer viable exception.]

Failure to discover identity or facts re liability of unnamed Doe Ds not sufficient excuse for failure to serve in statutory time where cause of action same.

Tolling of 3-yr. period for service of process only reasonable for period in which service impracticable, impossible or futile due to causes beyond P’s control.

Service period tolled when D not amenable to ct’s process by reason of death, neither probate of estate nor personal representative which could be served.

Service period tolled when D not amenable to ct’s process by being out of state or secreted in state to avoid service.