Hollowell v. Carlisle

ORR, Judge.

The central question is whether the trial court may, upon a showing of excusable neglect, grant an extension of time under these facts to serve a dormant summons where no alias and pluries summons has been obtained. In the court below, the trial court concluded when neither an endorsement nor an alias and pluries summons was issued within ninety days of the original filing that the action was discontinued pursuant to Rule 4(e), and that the court had no authority to grant the plaintiff’s motion for extension of time pursuant to Rule 6(b).

The plaintiff argues to the Court that…