Q: 90 days for service of complaint FRCP 4(m)

A: Under the Federal Rules of Civil Procedure (FRCP), particularly Rule 4(m), there's a specified time frame in which a complaint must be served upon the defendants. This rule requires that the service of the complaint and summons must be completed within 90 days after the complaint has been filed with the court. This timeline is crucial for the progression of a case and helps ensure that legal proceedings are conducted in a timely manner.

It's important to understand that the 90-day period for service begins from the moment the original complaint is filed, not from when the summons is issued on a first amended complaint. This distinction is vital because any delay in the service of the complaint can affect the validity of the proceedings and might lead to a dismissal of the case if not corrected within the stipulated timeframe. If the summons on the original complaint was not issued, the key factor remains the filing date of the original complaint itself.

In situations where there's confusion or a potential delay in serving the complaint, it may be possible to request an extension of time from the court. This request must be made before the 90-day period expires and should be accompanied by a valid reason for the delay. The court has the discretion to grant such an extension, ensuring the fair administration of justice while adhering to the procedural requirements set forth in the FRCP.