Rule 28 Dismissal for Want of Service

When you file a lawsuit, you have to actually deliver the court papers to the other side. This rule says you need to make a real effort to get that done. You can't just file the case and then sit on it without taking steps to notify the other person.

If 12 months go by and the other side still hasn't been served, the court can dismiss your case on its own. The court will send you written notice when this happens, so you'll know your case has been thrown out for lack of service.

If your case gets dismissed this way, you still have a chance to fix it. You can ask the court to reinstate your case, but you have to file a motion within 10 days of the dismissal order. You'll also need to show good cause, meaning you need a solid reason why service wasn't completed in time. If you miss that 10 day window or can't show good cause, the dismissal will likely stick.