Florida Process Server Practice Test

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Question: 1 / 400

What must happen if the initial pleading is filed, but the process is not served?

The court permanently dismisses the case

The plaintiff is required to refile

The court can dismiss without prejudice

When the initial pleading is filed in a Florida court but the process is not served, the court has the authority to dismiss the case without prejudice. This means that the plaintiff has the opportunity to correct the issue—specifically, to properly serve the process—without the dismissal being final. Dismissal without prejudice allows the plaintiff to reinitiate the case later if they choose to do so, effectively preserving their rights to seek a resolution in the future.

The requirement for timely service is crucial in maintaining the court's schedule and the rights of the defendants, so if service does not occur within a specified timeframe, the court can take action to ensure that cases are resolved efficiently. This option provides a pathway for the plaintiff to rectify the situation rather than facing a permanent obstacle to their claims.

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All parties are held in contempt

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