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CalAttorney2
CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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What can I do if I'm unable to meet the 120-day procedural

Customer Question

What can I do if I'm unable to meet the 120-day procedural rule requirement to serve summons with notice in supreme court cases? I filed the case just before the end of its statute of limitations and it hasn't been assigned to a judge yet. So whom do I
address my letter to in order to ask for extension of time to serve defendants? Must the request for extension of time to serve process be made before the end of the 120-day period for serving process?
Submitted: 1 year ago.
Category: Employment Law
Expert:  CalAttorney2 replied 1 year ago.
Contact the Court Clerk's office (civil desk). You almost always make this motion "ex parte" and they will give you the division (courtroom) that is hearing these motions, as well as the day(s) and time(s) that they have a "law and motion" calendar with ex parte hearings for this type of motion.You do want to make this motion prior to the expiration of your 120 days. However, if you go beyond it is possible to oppose a court order to dismiss by asking for additional time (but my personal preference is to ask for more time in advance if I am having trouble locating the defendant). If you have not already done so, hire a process server to assist you - licensed process servers (and private investigators) have access to proprietary databases and can do searches (also called "skip traces") using government and financial databases to help locate hard to find defendants. Your local bar association can give you referrals.

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