Civil Procedure Multistate Bar Practice Exam

What is the general time limit for the service of process in civil procedure?

1. 60 days

2. 90 days

3. 180 days

4. 1 year

The correct answer is: 90 days

In civil procedure, the general time limit for the service of process is typically 90 days from the date of filing the complaint. This timeframe is established under Rule 4(m) of the Federal Rules of Civil Procedure. If service of process is not completed within this 90-day period, the court may dismiss the action without prejudice or order that service be made within a specified time. This rule aims to ensure timely justice and prevent undue delays in litigation. The rationale behind this timeframe is to encourage parties to proceed with their cases effectively while still allowing flexibility for situations that may arise, such as difficulties in serving the defendant. Other options, such as 60 days, 180 days, or 1 year, do not align with the standard rules set forth in the Federal Rules of Civil Procedure regarding the service of process timeframe. While some state rules may differ, the federal guideline is unequivocally 90 days, making it the correct answer in the context of this question.