If a plaintiff files an amended complaint, does that reset the time period for service of process?

Asked almost 2 years ago - Orlando, FL

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?

Additional information

Thank you to those who answered.

Attorney answers (3)

  1. Scott Steven Sheffler

    Contributor Level 7

    2

    Lawyers agree

    Answered . 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... more
  2. Robert John Healy Jr.

    Contributor Level 7

    1

    Lawyer agrees

    Answered . 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.

  3. Bret A. Schnitzer

    Contributor Level 16

    1

    Lawyer agrees

    Answered . no it does not reset. The only way to extend the summons is by motion to extend it.

    You should consult an attorney in your State at once.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,162 answers this week

3,101 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,162 answers this week

3,101 attorneys answering