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⚠ RULE 4(d) NCRCP — KEY TIMING: A summons expires 60 days after issuance if not served. Plaintiff may obtain an alias or pluries summons within 90 days of expiration of the last summons, or the action is discontinued as to unserved defendants. Three genuine attempts at service at a defendant's dwelling or usual place of abode are required before the Court may authorize substituted service under Rule 4(j1).
01
ATTORNEY INFORMATION
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CASE INFORMATION
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ORIGINAL SUMMONS INFORMATION
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PRIOR SERVICE ATTEMPTS
Rule 4(d) requires three genuine attempts at service before the Court may authorize substituted service. Document each attempt below. At least one attempt is required to proceed.
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REASON FOR FAILURE OF SERVICE
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CERTIFICATE OF SERVICE
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OPEN CLAWDE VERSION →RULE 4(d) — KEY TIMING
- Original summons expires 60 days after issuance if not served
- Alias summons (1st renewal) must be obtained within 90 days of expiration of the original summons
- Pluries summons (2nd+ renewal) must be obtained within 90 days of the prior alias or pluries summons
- Miss the 90-day window and the action is discontinued as to the unserved defendant — must re-file and pay filing fee again
- 3 good-faith attempts are required before Court will authorize substituted service (posting + mail) under Rule 4(j1)
- File this motion with the Clerk — the Clerk (not the judge) typically issues a new summons; hearing before the judge is required only for substituted service
STATUTORY REFERENCE
Rule 4(d) NCRCPAlias & pluries summons
Rule 4(j) NCRCPService of process
Rule 4(j1) NCRCPSubstituted service
Rule 4(e) NCRCPPublication / unknown defendant
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