Opposite party is trying to dismiss law suit in Federal court based on improper service. Motion to dismiss and opposition to motion to dismiss are pending. Can I serve opposite party again before 120 days expired without waiting for judge ruling on motions?
Have you called opposing counsel to discuss the service issue? Often, if there is plenty of time left on the statute of limitations, moving counsel will be amenable to allowing service issues to be corrected.
This answer is for general purposes only and does not establish an attorney-client relationship.
Absolutely you can correct and serve properly. Get a process server. I agree contact the lawyer for the other side. Ask if the lawyer can accept service.
You have two options. First, you can correct the error in service so long as it is within the 120 day window. It would be a good idea to get a process server and to double check that you are serving the right person. Second, you could just reach out to opposing counsel and see if they would be willing to accept service on behalf of their client. This would also cure any problems with service.
The advice contained herein is for general education purposes only and does not create an attorney client relationship.
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