If a defendant is not served within 120 days after the complaint is filed, what may the court do?

• A. Dismiss the action without prejudice
• B. Continue the case for another year
• C. Order a mistrial
• D. Direct the plaintiff to amend the complaint

Answer: (A)

The timing to serve the complaint is essential in Arizona civil procedure: service must be completed within 120 days after the complaint is filed. If that deadline isn’t met, the court may dismiss the case for lack of prosecution. When the dismissal is without prejudice, the plaintiff can choose to refile later if they still wish to pursue the action. This rule prevents endless delays and protects defendants from being kept in limbo. The other options don’t fit because extending the case for another year or ordering a mistrial aren’t standard remedies for missed service, and directing an amendment to the complaint doesn’t address the failure to serve within the required timeframe.