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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26881
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed a law suit in Federal Court. I had 120 days to serve

Resolved Question:

I filed a law suit in Federal Court. I had 120 days to serve the defendants which expires on Friday. What can I do to ask for more time as health issues have prevented me from moving forward and during that time more issues have been discovered that I would need to change the original complaint. Do I have time and what forms would I need to submit.... if I have not served any of the defendants, can I refile and would I first need to send some form canceling the original complaint or is it better to just change what I have and request more time?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : Law long as your time to serve the defendant/s has not expired, you can file a simple motion for additional time to serve the parties, and it should be granted without any problem.
Kirk Adams : The only time you run into a problem is if the 120 day period expires. If that happens, you usually to refile the lawsuit.
Customer:

What form is used, I understand that only attorneys can file online, do I just find the form , fill it our and fedEx it ... I live 300 miles from the district court building and on disability so I ont be able to drive there.

Kirk Adams : I don't know that there's a form for this. I'll look. However, just a simple document labeled as "motion for enlargement of time" and asking for additional ______ days to serve the defendant be granted.
Kirk Adams : You can mail the motion to the court clerk.
Customer:

ok... is there a general rule about how many days I can ask as a max? Im looking at US District Court website and I don't see a form

Kirk Adams : You can ask for another 120 days.
Kirk Adams : Here's a sample motion: http://www.jdsupra.com/legalnews/motion-to-enlarge-time-to-serve-defendan-79619/
Customer:

perfect and if I was to ask for an attorney to be provided in the case would that be a different motion or can I add that to the motion to enlarge?

Kirk Adams : If this is a civil case, you won't be provided an attorney by the court - that's only done in criminal cases.
Kirk Adams : You can seek assistance from a local legal aid office or through the state bar association, but the court will not appoint one.
Customer:

ok. And I got the form. Thanks

Kirk Adams : Great!
Customer:

I appreciate your time and info

Kirk Adams : No problem. Please let me know if you need anything further.
Customer:

ok thanks

Kirk Adams : Sure
Roger, Attorney
Category: Legal
Satisfied Customers: 26881
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Expert:  Roger replied 1 year ago.
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