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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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would federal rules for civil procedure 4m apply in this situation?

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would federal rules for civil procedure 4m apply in this situation? Can this be remedied at all?

Thank you for your question and thank you most kindly for requesting me to assist you further.

I believe you are referring to this law:
http://www.legallanguage.com/services/service-of-process/rule-4m-federal-rules-of-civil-procedure/

(If I am incorrect, please stop me).


If that is the law, notice that there must be a complaint filed, which is what I asked first. If there is no complaint filed, the law does not come into play. Since the action was never dismissed without prejudice, as it was never filed in a timely manner, it cannot be refiled.

There is really no remedy beyond making a plea to the judge to set aside the statute (something the judge has the power to do), and allow the case to be heard due to interest of justice. But this is very much a highly unlikely and uncertain outcome--this is something I suggest you get a lawyer to try for you, and even that I would not guarantee any sort of a positive response.

Good luck.

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