We filed an amended complaint before any of the defendants filed an answer. Some of the defendants filed a motion to dismiss, but there has been no court action on that. Some of the defendants have not been served. Does the 120 day period in which you have to serve defendants reset when you file an amended complaint?
Thank you to those who answered.
Construction / Development Lawyer
It depends. The 120 days period does not reset as to Defendants named in the original Complaint. However, a new 120 day period applies to newly named defendants in the Amended Complaint. FRCP 1.070(j) states: "When a motion for leave to amend with the attached proposed amended complaint is filed, the 120-day period for service of amended complaints on the new party or parties shall begin upon the entry of an order granting leave to amend".
This reponse is for general purposes only and does not establish an attorney-client relationship. You should always seek the advice of an attorney to thoroughly review all of the facts and details of your particular matter before undertaking any course of action in reliance upon such a generalized response.
2 lawyers agree
Car / Auto Accident Lawyer
I agree with the other attorneys but would just impress upon the importance of getting the time for service extended and serving process on the defendants. If you are past the 120 days you may be asked to show the steps you have taken to serve the defendants or possibly have the case dismissed.