Found an issue on this page? Let us know and we will look into it as soon as possible.
Procedural rule confusion for supreme court
Anonymous7 views3 answers
What can I do if I'm unable to meet the 120-day procedural rule requirement to serve summons with notice in supreme court cases? I filed the case just before the end of its statute of limitations and it hasn't been assigned to a judge yet. So whom do I address my letter to in order to ask for extension of time to serve defendants? Must the request for extension of time to serve process be made before the end of the 120-day period for serving process?
You are going to have to file an RJI with an ex-parte application (and motion fee I think) to extend your time to serve. However, you are on very dangerous ground. You need to show that you exercised due diligence in trying to serve within the 120 day period. If you don't show that your case will be dismissed and because the statute of limitations will have expired you will lose on statute of limitations grounds if you recommence the action. I strongly advise you to use a process server if you still have time.
You have to file an application for an extension of time to serve with the "Ex Parte" Part Judge. You will have to explain everything you did to make a good faith attempt to complete service within the initial 120 day period and why that was unsuccessful. The granting of such applications is discretionary, and not a guarantee. Good luck.
