Florida / Service of process
Florida 120-day service of process deadline
In Florida, a plaintiff generally must serve initial process on each defendant within 120 days after filing the complaint.
Estimates based on standard Florida rules and court-holiday closures. For use by licensed attorneys only. This calculator is for informational purposes, is not legal advice, and does not create an attorney-client relationship. Verify every deadline and citation against the applicable rules and court orders before relying on it. See our Terms.
How the deadline works
Under Fla. R. Civ. P. 1.070(j), if a defendant is not served within 120 days after the complaint is filed, the court, on its own initiative after notice or on motion, must direct that service be effected within a specified time, or drop that defendant or dismiss the action without prejudice. A showing of good cause or excusable neglect can extend the time.
The 120-day count follows Fla. R. Jud. Admin. 2.514, rolling a final weekend or holiday to the next business day. Track it from filing so you can request an extension before the period runs.
- Per defendant The 120 days runs as to each defendant; serving one does not stop the clock for the others.
- Good cause can extend it Move for additional time before the 120 days expire if service is proving difficult.
Questions
- How long do I have to serve a defendant after filing in Florida?
- 120 days after the complaint is filed, under Fla. R. Civ. P. 1.070(j), unless the court extends the time for good cause or excusable neglect.
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