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FRCP 4(m)

FRCP 4(m) establishes the deadline for serving a defendant with the summons and complaint after a lawsuit is filed and outlines the consequences of failing to meet that deadline.

Rule Overview

Jurisdiction: United States

Regulator: US Federal Courts

Topic: Discovery

US Federal Rules of Civil Procedure
Overview
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  • 90-Day Service Deadline. A defendant must be served within 90 days after the complaint is filed. The plaintiff bears responsibility for ensuring timely service.
  • Court Response to Untimely Service. If the defendant is not served within the 90-day period, the court may, after providing notice to the plaintiff:
    • dismiss the action without prejudice against the unserved defendant; or
    • order that service be completed within a specified additional period.
  • Good Cause Extension. When the plaintiff demonstrates good cause for failing to complete service within 90 days, the court must extend the service deadline for an appropriate period.
  • Foreign-Service Exception. The 90-day deadline does not apply to certain forms of service outside the United States, including service in a foreign country under Rule 4(f), Rule 4(h)(2), and Rule 4(j)(1).
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