Q: Question. Filing of federal case, service of process-in respect to statute of limitations due date.
Does filing of federal case meet statute of limitations if
complaint is filed with court before statute of limitations expires,
but service of complaint on defendant is completer/POS filed with court after statute of limitations expires?
Please provide specific answer.
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A:
Under federal law, the filing of a complaint in federal court typically satisfies the statute of limitations requirement, provided that the complaint is filed before the expiration of the statute of limitations. The key factor is the date of filing the complaint with the court, not the date when the service of the complaint is completed.
However, it is essential to complete the service of process on the defendant within the time frame set by the Federal Rules of Civil Procedure. Rule 4(m) generally requires that service be made within 90 days after the complaint is filed. Failure to serve within this period could lead to the dismissal of the lawsuit, although courts may extend this period if there is good cause.
It's important to note that while filing the complaint stops the clock on the statute of limitations, diligent efforts should be made to serve the defendant as soon as possible. Delays in service can lead to complications and potential challenges from the defendant.
In summary, for the purpose of meeting the statute of limitations, filing the complaint before the deadline is crucial. Ensuring timely service of process following this filing is also critical to maintain the viability of the case.
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