What is the test for extending the time period for a claim under Rule 4(m) of the Civil Aviation Act?

MultiRegion, United States of America

The following excerpt is from A.V. v. Panama-Buena Vista Union Sch. Dist., No. 1:15-cv-00246-MCE-JLT (E.D. Cal. 2016):

Rule 4(m) contains both a mandatory and a discretionary component. First, if a plaintiff shows good cause for the defective service, the district court must extend the time period for service. In re Sheehan, 253 F.3d 507, 512 (9th Cir. 2001). Second, with respect to the discretionary component of the rule, the district court has discretion to grant an extension even absent good cause. Mann v. Am. Airlines, 324 F.3d 1088, 1090 (9th Cir. 2003). The court's discretion in that regard has been broadly interpreted, and no specific guidelines apply. In re Sheehan, 253 F.3d at 1213.

Other Questions


Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
How has the pleading standard been interpreted in civil civil cases in the context of civil civil litigation? (MultiRegion, United States of America)
What is the test for a claim under section 2255(a) of the Civil Code of Civil Procedure to be successful in a civil case? (MultiRegion, United States of America)
Does Section 1915(g) of the Civil Code of Civil Procedure prohibit a plaintiff from bringing a claim in federal court where the claim was previously dismissed? (MultiRegion, United States of America)
What is the defense of a plaintiff in a civil case arising under Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
How have courts dealt with civil rights claims in civil cases? (MultiRegion, United States of America)
What is the test for determining whether a claim can be successful under Section III(A) of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the test for a civil rights claim in a civil case? (MultiRegion, United States of America)
What is the limitation period for a plaintiff to bring a claim against a defendant who has retired from the claim? (Canada (Federal), Canada)
What is the test for a plaintiff to bring a claim for damages under the Civil Code of Civil Procedure? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.