How long does a civil case remain open if the Defendant never received a summons and no decision was made?

Question

The defendant could not be reached. The court records state "summons not served". The case, at this point in time, is listed as "open". I assume that it is the plantiff's responsibility to continue to attempt to locate the defendant. If the defendant can not be located, how long can the case remain "open"? And what will be the eventual outcome?

Answer 1

90 days.

Answer 2

Depends on State law.

If the time period expires the plaintiff can withdraw the case, then refile it at any time before the Statute of Limitations expires.

Richard