IA Bar Practice Questions - Iowa Bar Examination Exam

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A plaintiff files a negligence petition in Iowa District Court but, due to an oversight, fails to serve the original notice on the defendant within 90 days of filing the petition. The defendant moves to dismiss. Under the Iowa Rules of Civil Procedure, what is the most likely outcome if the plaintiff cannot show good cause?

The action is dismissed with prejudice, barring refiling Service is deemed effective by operation of law after 90 days The action is dismissed without prejudice, or the court directs an alternate time or manner of service The court must grant a mandatory 60-day extension regardless of cause

Correct Answer:

The action is dismissed without prejudice, or the court directs an alternate time or manner of service

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