Q: Federal court filing question. When case is considered to be properly initiated at district court?
Is case deemed to be properly initiated at federal court if complaint is filed and served on defendant before statute of limitations expires?
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A:
In federal court, a case is generally considered properly initiated when the complaint is filed with the court. Filing the complaint within the statute of limitations period is crucial to meet the requirements for initiating a case. The statute of limitations requires that a lawsuit be filed by a certain deadline, typically determined by the type of claim.
However, it's not just about filing the complaint; service of the complaint on the defendant is also an essential part of the process. According to the Federal Rules of Civil Procedure, the plaintiff must serve the complaint on the defendant within 90 days after filing. Filing the complaint stops the statute of limitations clock, but failure to serve the defendant within this period can lead to potential dismissal of the case.
Therefore, for a case to be properly initiated in federal court, it's necessary both to file the complaint before the statute of limitations expires and to serve the complaint on the defendant within the prescribed timeframe. It's important to ensure that both of these steps are completed correctly to maintain the integrity and viability of the case.
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