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Now, Florida law specifies how service must be completed. Generally speaking, service must be accomplished in-person, as opposed to through the mail. This requires hand-delivery by an individual referred to as a process server. Its important for the person filing the lawsuit to follow the rules regarding service.
Insufficient service of process in Florida can cause the lawsuit to be dismissed. Note: for those who file a federal claim in the federal courts, there is an independent and distinct service of process procedure to follow under federal law. See, e.g., Rule 5 of the Federal Rules of Civil Procedure.
When must a defendant respond to the complaint? In Florida, unless a different time is prescribed by statute, a defendant must serve an answer within either: 20 days after service of original process and the initial pleading (typically a complaint). The date fixed in a notice by publication.
In Florida, ing to Rule of Civil Procedure 1.070 (j), a complaint must be served on the defendant within 120 days of its filing. If it is not served within the time frame specified, a motion to dismiss is appropriate, and the case is dismissed without prejudice.
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