When you’re involved in a civil lawsuit, one of the first and most important steps is making sure the other side is properly “served” with legal papers. Service is how you officially notify the other party that a lawsuit has been filed against them. In North Carolina, there are strict deadlines and rules for service. If these rules aren’t followed, it can cause delays in your case or even lead to your case being dismissed. Here’s a breakdown of what you need to know, based on North Carolina General Statutes (NCGS) Rule 4.
Step 1: Issuing the Summons (NCGS Rule 4(a))
Once you file a lawsuit (by submitting a complaint to the court), a document called a “summons” must be issued within five days. The summons informs the defendant (the person being sued) that a lawsuit has been filed and directs them to respond. The complaint and summons are then given to a proper person, like a sheriff or private process server, to deliver (or “serve”) to the defendant.
Step 2: Summons Details (NCGS Rule 4(b))
The summons is addressed to the defendant(s) and clearly states they must respond within 30 days of being served. If they don’t respond, the plaintiff (the person who filed the lawsuit) can ask the court to grant the relief requested in the complaint, which could mean the defendant loses the case by default.
Step 3: Time Limit for Service (NCGS Rule 4(c))
After the summons is issued, it must be served within 60 days. Personal service means delivering the summons directly to the defendant. If personal service is not possible, substituted service—such as delivering the papers to someone at the defendant’s residence or workplace—may be an option. Once service is completed, the person who served the papers must immediately return the summons to the court clerk with a note indicating when and how service was done.
Step 4: What Happens If You Miss the Deadline? (NCGS Rule 4(d))
If the defendant is not served within the 60-day window, you still have options to keep your case moving forward:
- Endorsement: You can ask the court for an “endorsement,” which is an extension of time to serve the defendant. This must be requested within 90 days of the original summons or any previous extension.
- Alias or Pluries Summons: You can request a new summons (called an “alias” or “pluries” summons) within 90 days of the last issued summons or the most recent endorsement. This new summons acts just like the original, giving you another chance to serve the defendant.
Step 5: What If You Don’t Get an Endorsement or Issue a New Summons? (NCGS Rule 4(e))
If you don’t either get an endorsement or issue a new summons within the time allowed under Rule 4(d), your lawsuit is considered “discontinued” as to the defendant who hasn’t been served. This doesn’t necessarily mean your case is over, but the lawsuit will be treated as having started fresh from the date you finally serve the defendant. This can affect things like deadlines for filing the case or statutes of limitations, so it’s important to stay on top of these service deadlines.
Why Deadlines Matter
The deadlines for serving a summons are critical in keeping your case on track. Missing these deadlines could mean restarting your case or potentially losing the right to pursue your claims. Whether you’re the plaintiff or the defendant, it’s important to understand these timelines to protect your legal rights.
If you’re unsure about the rules for service or facing difficulties in serving someone, consulting with a lawyer is always a good idea to make sure you don’t miss any important deadlines.
Conclusion
Proper service is a fundamental part of a lawsuit, and in North Carolina, NCGS Rule 4 lays out clear deadlines for issuing and serving a summons. Understanding these rules can save you time, money, and potential frustration. So, whether you’re filing a lawsuit or defending against one, keeping track of these deadlines is key to ensuring your case proceeds smoothly. If you have any questions about the service process or need legal assistance with your case, feel free to contact us at info@lawplusplus.com for professional guidance.
