Friday, November 7, 2014

SCOTUS Cert. Grant of Interest: Discretion to Extend Time for Service of Process under Rule 4(m)

The Supreme Court granted certiorari today in Chen v. Mayor and City Council of Baltimore (No. 13-10400), a case in which the petitioner was proceeding pro se. The question presented is:

Whether, under Federal Rule of Civil Procedure 4(m), a district court has discretion to extend the time for service of process absent a showing of good cause, as the Second, Third, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits have held, or whether the  district court lacks such discretion, as the Fourth Circuit has held?

You can find links to the cert. stage briefing (as well as the merits briefs as they come in) at SCOTUSblog’s Chen case file.

 

 

https://lawprofessors.typepad.com/civpro/2014/11/scotus-cert-grant-of-interest-discretion-to-extend-time-for-service-of-process-under-rule-4m.html

Federal Rules of Civil Procedure, Recent Decisions, Supreme Court Cases | Permalink

Comments

Does anyone have a theory about why the Court granted cert. in this case?

Posted by: Scott Dodson | Nov 12, 2014 9:05:02 PM

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