Rule 28 Dismissal for Want of Service

Here's what this rule means for you.

If you file a lawsuit, you need to make a real effort to notify the other side (this is called "service"). You can't just file paperwork and let it sit without telling the other person they're being sued. The court expects you to actively try to reach them.

If six months pass and you still haven't served the other party, the court can dismiss your case on its own, without anyone asking it to. The court will send you written notice when this happens. This is a way for the court to clear out cases that aren't moving forward.

If your case gets dismissed for this reason, you're not necessarily out of luck. You can ask the court to reinstate your case, but you have to act fast. You only have 10 days from the dismissal order to file a motion asking the court to give you another chance. You'll also need to show "good cause," meaning you need a real, valid reason why you couldn't complete service in time. If you miss that 10 day window or can't show good cause, your case stays dismissed.