What happens if a defendant is not served within 90 days after the complaint is filed?

If a defendant is not served within 90 days after a complaint is filed, the appropriate legal outcome is that the court must dismiss the action without prejudice. This means that the case is not permanently barred and the plaintiff has the option to refile the complaint in the future. The rationale behind this rule is to ensure that cases move forward in a timely manner, thereby preventing indefinite delays in the judicial process.

Other options such as dismissal with prejudice, remaining active indefinitely, or automatic extensions do not align with the procedural rules governing service of process. A dismissal with prejudice would imply that the plaintiff cannot bring the case again, which is not the case here. An indefinite active status would contradict the necessity for timely procedural actions, and an automatic extension is not a standard practice without a formal request or showing of cause. Thus, the requirement to dismiss without prejudice promotes efficiency and accountability in legal proceedings.