Rule 104. Modification of Civil Rule 4(i) Regarding Time for Service; Dismissal of an Unserved or Timely-Served Defendant

(a) General Limitation. The time limit of Civil Rule 4(i) does not apply to FASTAR cases. Instead, a plaintiff must serve the summons and complaint on every defendant within 90 days after the filing date of the complaint. (b) Service by Publication. If a plaintiff obtains an order permitting service by publication under Civil Rule 4.1(l) or Civil Rule 4.2(f) within 90 days after the filing date of the complaint, the affidavit of publication must be filed within 130 days of the filing date of the complaint. (c) Dismissal of an Unserved Defendant. If the plaintiff does not file proof of timely service within 90 days after filing the complaint or within 130 days if subsection (b) applies, the court will notify the plaintiff that it will dismiss the action without prejudice as to any unserved defendant 15 days after the date of the court's notice, and without further notice, unless the plaintiff files proof of timely service within those 15 days. Unless the court orders otherwise, a dismissal order must include an order that, if the action was commenced within the time limited for the action, the plaintiff may commence a new action for the same cause within 60 days of the date of dismissal. (d) Extension. Upon a showing that, despite timely and diligent efforts, the plaintiff has been unable to serve a defendant within the 90 days permitted by this rule, the Court may permit one extension of the service deadline. The extension may only be for so long as necessary for the plaintiff to complete service with immediate and diligent efforts, and in no circumstance may exceed 30 days. Any order permitting such an extension must include an order extending all other deadlines under the rules by the same number of days granted in the extension. (e) Dismissal of a Timely-Served Defendant ion of the service deadline. The extension may only be for so long as necessary for the plaintiff to complete service with immediate and diligent efforts, and in no circumstance may exceed 30 days. Any order permitting such an extension must include an order extending all other deadlines under the rules by the same number of days granted in the extension. (e) Dismissal of a Timely-Served Defendant. The court will dismiss without prejudice any timely-served defendant who did not file an answer or other response within 120 days after the filing date of the complaint, unless the plaintiff has filed a Rule 55 application for the entry of default of that defendant before the 120th day. The court will provide the plaintiff at least 20 days' notice before dismissing that defendant in a multi-defendant case, or before dismissing a case that has only one defendant.