Steven Sholem v. Hons. gass/contes/melissa Langevin

Summary

The court held that Arizona Rule of Civil Procedure 4(i) requires an extension of the service period when the plaintiff shows good cause, but also permits a discretionary extension without good cause. Rule 6(b)(1)(B)'s excusable-neglect requirement does not apply to an initial request to extend Rule 4(i)'s ninety-day service period. Although the plaintiff did not establish good cause, the trial court acted within its discretion in denying dismissal because the record supported discretionary considerations including possible evasion of service and lack of prejudice.