Legal Question in Civil Litigation in Maryland

When an action is transferred to another court is time for notice tolled

I filed a complaint against a federal agency and its agent in the Court of Federal Claims. They transferred the case against the agent to US District Court for lack of jurisdiction.

US Court of Federal Claims did the service and only served the government.

The US District Court dismissed my case, stating service was not timely, even thought I had served them after the case had been transferred and docketed.

My question is...if the time for service was tolled since the Federal Court of claims lacked jurisdiction.


Asked on 9/17/06, 1:20 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: When an action is transferred to another court is time for notice tolled

Since you apparently never served the individual agent, the summons issued against him in the Federal Claims Court expired before you could accomplish service. You could file a motion to reinstate in District Court or, if the statute of limitations has not run yet, file a new suit.

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Answered on 9/18/06, 9:52 am


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