Friday, January 22, 2010

How long does a civil case remain open if the Defendant never received a summons and no decision was made?

The defendant could not be reached. The court records state ';summons not served';. The case, at this point in time, is listed as ';open';. I assume that it is the plantiff's responsibility to continue to attempt to locate the defendant. If the defendant can not be located, how long can the case remain ';open';? And what will be the eventual outcome?How long does a civil case remain open if the Defendant never received a summons and no decision was made?
90 days.How long does a civil case remain open if the Defendant never received a summons and no decision was made?
The plaintiff will probably ask for alternative service. the most common method is by publishing the suit in a newspaper. The consequence of failure to serve is generally that the statute of limitations continues to run until the defendant is served. However, some states have rules that require dismissl, with leave to re-file, if there has been no service after a few months.
Depends on State law.





If the time period expires the plaintiff can withdraw the case, then refile it at any time before the Statute of Limitations expires.





Richard

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