When is an action discontinued as to a defendant not served?

When is an action discontinued as to a defendant not served?

• A. Immediately upon filing
• B. When neither endorsement by clerk nor issuance of alias or pluries summons is issued within the specified time
• C. When the defendant answers
• D. After 90 days

Answer: (B)

In North Carolina practice, you must obtain service of process on a defendant within the time allowed and use the clerk’s endorsement or issue an alias/pluries summons if the first attempt doesn’t reach the defendant. If neither endorsement by the clerk nor issuance of an alias or pluries summons is completed within the specified time, the action is discontinued as to that defendant. This rule stops suits from lingering against someone who has not been properly served, preserving the docket and ensuring plaintiffs move forward within a defined window. If service is later perfected, the case against that defendant would typically have to be pursued in a new action rather than within the same, discontinued proceeding.

In North Carolina practice, you must obtain service of process on a defendant within the time allowed and use the clerk’s endorsement or issue an alias/pluries summons if the first attempt doesn’t reach the defendant. If neither endorsement by the clerk nor issuance of an alias or pluries summons is completed within the specified time, the action is discontinued as to that defendant. This rule stops suits from lingering against someone who has not been properly served, preserving the docket and ensuring plaintiffs move forward within a defined window. If service is later perfected, the case against that defendant would typically have to be pursued in a new action rather than within the same, discontinued proceeding.