Legal Question in Civil Litigation in Florida
Civil Lawsuit-Must I Serve Summons As Soon As I File?
I am going to file a civil lawsuit, but want some time before I serve summons. Can I file the lawsuit and then serve the defendants later? (perhaps in another month or so, this is in Florida state court.)
3 Answers from Attorneys
Re: Civil Lawsuit-Must I Serve Summons As Soon As I File?
You can delay serving the summons, but if the summons isn't served on the other party within 120 days of the filing of the lawsuit, the lawsuit is dismissable. It is possible to ask the judge for more than 120 days, but you have to have a pretty good reason. Usally, you only get more time if you need more time to find the other party.
Re: Civil Lawsuit-Must I Serve Summons As Soon As I File?
You have 120 days to serve the defendant. That time can be extended for good cause, but if you serve them within 120 days after filing, you will be fine.
Re: Civil Lawsuit-Must I Serve Summons As Soon As I File?
You do have some time between the time the summons was issued and the time by which it must be served.
I would be interested in hearing your reasoning. Please feel free to contact me at your convenience.
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