Clark v. Murphy

By JUDGE THOMAS R. MONROE

This matter came on before me August 12, 1988, on Defendant Butler Aviation's Plea In Bar. The primary issue is what effect Plaintiff’s failure to serve process on the Defendant within one year of the commencement had on a subsequent nonsuit and later refiling of the cause of action.

The parties do not dispute that Rule 3:3 requires a plaintiff to file a Motion for Judgment within the applicable statute of limitations and provide notice to defendants by serving them within one year of the filing. Nor do they contest that unless a showing of due diligence has been made,…