In Karpiel, the court stated that, “The rule has an essential purpose in promoting an expeditious handling of suits by giving a trial court wide discretion to dismiss when service is not effected with reasonable diligence.” The law was passed to prevent the intentional delay of service of summons on a defendant for an indefinite amount of time in order to circumvent the applicable statute of limitations. The rule allows for the dismissal with prejudice when the lack of diligence in service occurs after the running of the statute of limitations. The court also stated that Rule 103(b) allows for the dismissal of a complaint based on plaintiff’s failure to exercise reasonable diligence in effectuating service upon a defendant. However, the Illinois Appellate Court affirmed the trial court’s ruling, concluding that it was not an abuse of discretion in granting the motion. Emrickson’s attorney argued that it was really only a 7-month delay in serving Mr. On that basis, the trial judge granted the motion to dismiss without specifying whether he was considering a period of delay of 7 or 13 months. Emrickson chose not to check the accident report, which included Mr. In this case, the court pointed out that the lawyer for Mr. Morfin to dismiss the case with prejudice under Rule 103(b). Morfin served before the statute of limitations expired, opening the way for Mr. Emrickson chose not to use reasonable diligence in having Mr. Morfin was finally served with a summons.Īccording to the Illinois Appellate Court, Ms. Morfin was not served immediately with the complaint, which alleged that Ms. Although the lawsuit was filed in a timely fashion, Mr. Emrickson just a short time before the two-year statute of limitations had run out. In this case, the lawsuit was filed by Ms. Under Illinois Supreme Court Rule 103(b), a suing plaintiff has a duty to use reasonable diligence in serving a defendant with the complaint. Emrickson’s attorney relied on an online search service that had inaccurate information about the current address for the defendant, Mr. The lawsuit brought by Patricia Emrickson against Fernando Morfin was dismissed with prejudice because Ms.
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