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My friend is a defendant in a superior court of AZ civil…

Customer Question
My friend is a...

My friend is a defendant in a superior court of AZ civil matter and the status shows the following: 322-ME Notice of Intent to Dismiss, I was told this is for a lack of service how long does the plaintiff have to serve my friend the defendant?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

AZ

Lawyer's Assistant: Has anything been filed or reported?

The case has been filed but he has not been service it has been over 90 days.

Submitted: 7 months ago.Category: Legal
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Answered in 2 minutes by:
11/27/2017
Lawyer: LegalKnowledge, Attorney replied 7 months ago
LegalKnowledge
LegalKnowledge, Attorney
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 7 months ago

Good morning. Please allow me a few moments to respond. Do you know how long it has been since the complaint was filed?

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Customer reply replied 7 months ago
98 day it was filed on August 18, 2017
Customer reply replied 7 months ago
No thank you.
Lawyer: LegalKnowledge, Attorney replied 7 months ago

Thank you. Dismissal because of lack of service; service on some but not all defendants. After at least twenty (20) days notice to plaintiff, the court may dismiss a complaint as to any defendant who has not been served with the summons and complaint within one hundred twenty (120) days after the filing date of the complaint. Before the dismissal date, if the plaintiff shows good reasons why a defendant has not been served, the court may extend the time for service. When some but not all of the defendants in a lawsuit have been timely served, the court may dismiss from the lawsuit the defendants who have not been served, and allow the plaintiff to proceed against the defendants who have been served. [ARCP 4(i), 5(b)]

90 days would be in US District Court

If service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint, the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period. This subdivision does not apply to service in a foreign country pursuant to subdivision (f) or (j)(1). A summons for each defendant (excluding fictitious parties) in civil actions can be submitted for issuance after receiving notice confirming a civil case number ***** judge assignment. Attach the summons to the "Summons Submitted" event located in the "Service of Process" category. The Clerk will issue each summons and return them to the filer electronically.

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Customer reply replied 7 months ago
Thank you.
Lawyer: LegalKnowledge, Attorney replied 7 months ago

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 7 months ago
In AZ you have to be served within 90 days after the complaint is filed and thirty days after Notice of Intent to Dismiss filed by the court . Please clarify.
Lawyer: LegalKnowledge, Attorney replied 7 months ago
Once the 90 days have passed, the court would motion the case to be dismissed for lack of service and the plaintiff would have 30 days to try to serve the defendant or respond and ask for an extension of time.
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Lawyer: LegalKnowledge, Attorney replied 7 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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