Mark A. Quinn V. Brad Quinn

Headnotes

H1: Civil Procedure > Pleadings > Complaints > General Overview

Civil Procedure > Service of Process > Time Limitations > General Overview

See Civ. R. 3(A)

H2: Civil Procedure > Pleadings > Complaints > General Overview

Civil Procedure > Service of Process > Time Limitations > General Overview

The purpose of the one year deadline under Civ. R. 3(A), is to promote the prompt and efficient resolution of litigation. This rule also serves to prevent court dockets from being unnecessarily clogged by excessive delays in service. 

H3: Civil Procedure > Pleadings & Practice > Pleadings > General Overview

Civil Procedure > Standards of Review > General Overview

Civil Procedure > Standards of Review > Abuse of Discretion

The purpose behind the Civil Rules is to resolve cases upon their merits, not upon pleading deficiencies. Rule 1(B) requires that the Rules be applied in a manner that facilitates just results. However, the pleading deficiencies are one of the tools that can help facilitate a just result in some cases. The trial court is granted discretion in determining when a leave to amend a plea is appropriate and when it is not.

 

Summary of Case

Procedural Posture: Defendant filed a motion to dismiss the complaint that was filed by Plaintiff on October 7, 2009, due to failure of perfected service. Plaintiff does not dispute the failure of service, but argues that the original complaint should be heard and determined on its merits. 

Overview:  Mark Quinn, the Plaintiff, filed a complaint against Defendant Brad Quinn on October 7, 2009. One year has passed and the service of the complaint was not perfected. The Defendant alleges that the complaint should be dismissed because it is in violation of Civil Rule 3(A).   

Outcome: The Court granted the Defendant’s motion to dismiss the complaint, because the legal principals here mandate the dismissal. 

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