Legal Question in Personal Injury in Texas
statue of limitation
Once a suit is filed, and the defendant was not served is it out of time 4 month since suit was filed. need case law showing due dilligence
Asked on 8/14/06, 5:41 pm
1 Answer from Attorneys
Jacob Williams
Jacob Williams Law Firm, PLLC
Re: statue of limitation
In Oklahoma, once a suit is filed the first time, a suit will be dismissed without prejudice ninety days after filing if a summons is not issued. If a summons is issued, the suit will be dismissed without prejudice one hundred eighty days from the date of filing if service is not obtained.
If there is a dismissal without prejudice, Oklahoma's savings statute allows you one year from the date of dismissal to refile your case. However, you can only use the saving statute once if the statute of limitations has already run on your claim.
Answered on 8/16/06, 2:43 pm
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