Kathryn James

Document Type

Case Summary

Publication Date

1-24-2023

Case Synopsis

When a plaintiff timely moves for an extension of the service period under NRCP 4(e)(3), the district court must consider the Scrimer factors. This includes factors that relate to the plaintiff’s diligence in attempting service and to any circumstances beyond the plaintiff’s control that may have resulted in the failure to timely serve the defendant. The Court addressed which factors are to be applied when a district court considers a timely motion to extend the service period for a summons and complaint. The Court had previously articulated the relevant factors to determine whether a plaintiff has shown good cause for filing an untimely motion to extend the time for service of process. The Court concluded that the same factors apply to timely motions.

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