(Disclaimer: not an attorney; someone with more knowledge feel free to correct me) At least for civil cases in some states, the plaintiff only needs to make a

(Disclaimer: not an attorney; someone with more knowledge feel free to correct me) At least for civil cases in some states, the plaintiff only needs to make a "good faith" attempt at serving the defendant (specific requirements for this may be enumerated). After a certain amount of time has passed without a reply, a trial date can be set and the case can proceed.