Under which condition may a court extend the time for service?

Prepare for the NYLE Civil Practice and Procedure Test. Access flashcards and multiple choice questions, each with hints and explanations. Get fully prepared for your exam now!

A court may extend the time for service primarily on the basis of good cause shown. In many jurisdictions, including under the New York Civil Practice Law and Rules (CPLR), there is a requirement that a party demonstrate a legitimate reason for the delay in service. Good cause typically involves a valid justification for why the service did not occur within the prescribed time limit, which can include circumstances such as an inability to locate the defendant or procedural complications. This standard emphasizes the importance of ensuring that defendants are properly notified of legal actions against them while also considering the plaintiff's diligence.

While agreements between parties or circumstances surrounding a defendant's absence may seem valid reasons to request an extension, these do not meet the formal requirement of demonstrating good cause as defined by the court's standards. Additionally, the payment of a fee does not generally influence the court's discretion in extending service time and fails to acknowledge the fundamental need for accountability in legal procedures. Thus, good cause remains the primary and most justified basis for a court's decision to extend service time.

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