Federal Rule of Civil Procedure to serve a USDC Summons upon defendant
Summons; Service of Process
Civil Procedures (Scroll all the way down for all rule 4 details)
United States District Court Summons Service
Have your Federal District Court
Summons served in any Federal Jurisdiction
Private Process Server Services for Attorneys seeking the services of
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USDC Private Process Serving Services for Attorneys and Paralegal
Do you need to serve a USDC Summons upon a defendant? Would you like to
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familiar with Federal Statues and the Civil Rules of Procedure? Will you
not only need service of process but a properly executed Proof of
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Our company name is, Agency for Civil Enforcement Corporation. We are
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exhibits can be accepted via email or facsimile. We do charge for copies
so please confirm fees and expenses before sending. All services are
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Service of Process of Federal District Court Summons Nationwide
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Process Serving Specialists.
(a) Contents; Amendments.
A summons must:
(A) name the court and the parties;
(B) be directed to the defendant;
(C) state the name and address of the plaintiff’s attorney or — if
unrepresented — of the plaintiff;
(D) state the time within which the defendant must appear and defend;
(E) notify the defendant that a failure to appear and defend will result
in a default judgment against the defendant for the relief demanded in
(F) be signed by the clerk; and
(G) bear the court’s seal.
The court may permit a summons to be amended.
On or after filing the complaint, the plaintiff may present a summons to
the clerk for signature and seal. If the summons is properly completed,
the clerk must sign, seal, and issue it to the plaintiff for service on
the defendant. A summons — or a copy of a summons that is addressed to
multiple defendants — must be issued for each defendant to be served.
(1) In General.
A summons must be served with a copy of the complaint. The plaintiff is
responsible for having the summons and complaint served within the time
allowed by Rule 4(m) and must furnish the necessary copies to the person
who makes service.
(2) By Whom.
Any person who is at least 18 years old and not a party may serve a
summons and complaint.
(3) By a Marshal or Someone Specially Appointed.
At the plaintiff’s request, the court may order that service be made by
a United States marshal or deputy marshal or by a person specially
appointed by the court. The court must so order if the plaintiff is
authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a
seaman under 28 U.S.C. § 1916.
(d) Waiving Service.
(1) Requesting a Waiver.
An individual, corporation, or association that is subject to service
under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of
serving the summons. The plaintiff may notify such a defendant that an
action has been commenced and request that the defendant waive service
of a summons. The notice and request must:
(A) be in writing and be addressed:
(i) to the individual defendant; or
(ii) for a defendant subject to service under Rule 4(h), to an officer,
a managing or general agent, or any other agent authorized by
appointment or by law to
receive service of process;
(B) name the court where the complaint was filed;
(C) be accompanied by a copy of the complaint, 2 copies of a waiver
form, and a prepaid means for returning the form;
(D) inform the defendant, using text prescribed in Form 5, of the
consequences of waiving and not waiving service;
(E) state the date when the request is sent;
(F) give the defendant a reasonable time of at least 30 days after the
request was sent — or at least 60 days if sent to the defendant outside
any judicial district of the United States — to return the waiver; and
(G) be sent by first-class mail or other reliable means.
(2) Failure to Waive.
If a defendant located within the United States fails, without good
cause, to sign and return a waiver requested by a plaintiff located
within the United States, the court must impose on the defendant:
(A) the expenses later incurred in making service; and
(B) the reasonable expenses, including attorney’s fees, of any motion
required to collect those service expenses.
(3) Time to Answer After a Waiver.
A defendant who, before being served with process, timely returns a
waiver need not serve an answer to the complaint until 60 days after the
request was sent — or until 90 days after it was sent to the defendant
outside any judicial district of the United States.
(4) Results of Filing a Waiver.
When the plaintiff files a waiver, proof of service is not required and
these rules apply as if a summons and complaint had been served at the
time of filing the waiver.
(5) Jurisdiction and Venue Not Waived.
Waiving service of a summons does not waive any objection to personal
jurisdiction or to venue.
(e) Serving an Individual Within a Judicial District of the United
Unless federal law provides otherwise, an individual — other than a
minor, an incompetent person, or a person whose waiver has been filed —
may be served in a judicial district of the United States by:
(1) following state law for serving a summons in an action brought in
courts of general jurisdiction in the state where the district court is
located or where service is made; or
(2) doing any of the following:
(A) delivering a copy of the summons and of the complaint to the
(B) leaving a copy of each at the individual’s dwelling or usual place
of abode with someone of suitable age and discretion who resides there;
(C) delivering a copy of each to an agent authorized by appointment or
by law to receive service of process.
(f) Serving an Individual in a Foreign Country.
Unless federal law provides otherwise, an individual - other than a
minor, an incompetent person, or a person whose waiver has been filed -
may be served at a place not within any judicial district of the United
(1) by any internationally agreed means of service that is reasonably
calculated to give notice, such as those authorized by the Hague
Convention on the Service Abroad of Judicial and Extrajudicial
(2) if there is no internationally agreed means, or if an international
agreement allows but does not specify other means, by a method that is
reasonably calculated to give notice:
(A) as prescribed by the foreign country's law for service in that
country in an action in its courts of general jurisdiction;
(B) as the foreign authority directs in response to a letter rogatory or
letter of request; or
(C) unless prohibited by the foreign country's law, by:
(i) delivering a copy of the summons and of the complaint to the
individual personally; or
(ii) using any form of mail that the clerk addresses and sends to the
individual and that requires a signed receipt; or
(3) by other means not prohibited by international agreement, as the
(g) Serving a Minor or an Incompetent Person.
A minor or an incompetent person in a judicial district of the United
States must be served by following state law for serving a summons or
like process on
such a defendant in an action brought in the courts of general
jurisdiction of the state where service is made. A minor or an
incompetent person who is not
within any judicial district of the United States must be served in the
manner prescribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3).
(h) Serving a Corporation, Partnership, or Association.
Unless federal law provides otherwise or the defendant’s waiver has been
filed, a domestic or foreign corporation, or a partnership or other
unincorporated association that is subject to suit under a common name,
must be served:
(1) in a judicial district of the United States:
(A) in the manner prescribed by Rule 4(e)(1) for serving an individual;
(B) by delivering a copy of the summons and of the complaint to an
officer, a managing or general agent, or any other agent authorized by
appointment or by law to receive service of process and — if the agent
is one authorized by statute and the statute so requires — by also
mailing a copy of each to the defendant; or
(2) at a place not within any judicial district of the United States, in
any manner prescribed by Rule 4(f) for serving an individual, except
personal delivery under (f)(2)(C)(i).
(i) Serving the United States and Its Agencies, Corporations, Officers,
(1) United States.
To serve the United States, a party must:
(i) deliver a copy of the summons and of the complaint to the United
States attorney for the district where the action is brought — or to an
assistant United States attorney or clerical employee whom the United
States attorney designates in a writing filed with the court clerk — or
(ii) send a copy of each by registered or certified mail to the
civil-process clerk at the United States attorney’s office;
(B) send a copy of each by registered or certified mail to the Attorney
General of the United States at Washington, D.C.; and
(C) if the action challenges an order of a nonparty agency or officer of
the United States, send a copy of each by registered or certified mail
to the agency or officer.
(2) Agency; Corporation; Officer or Employee Sued in an Official
To serve a United States agency or corporation, or a United States
officer or employee sued only in an official capacity, a party must
serve the United States and also send a copy of the summons and of the
complaint by registered or certified mail to the agency, corporation,
officer, or employee.
(3) Officer or Employee Sued Individually.
To serve a United States officer or employee sued in an individual
capacity for an act or omission occurring in connection with duties
performed on the United States’ behalf (whether or not the officer or
employee is also sued in an official capacity), a party must serve the
United States and also serve the officer or employee under Rule 4(e),
(f), or (g).
(4) Extending Time.
The court must allow a party a reasonable time to cure its failure to:
(A) serve a person required to be served under Rule 4(i)(2), if the
party has served either the United States attorney or the Attorney
General of the United States; or
(B) serve the United States under Rule 4(i)(3), if the party has served
the United States officer or employee.
(j) Serving a Foreign, State, or Local Government.
(1) Foreign State.
A foreign state or its political subdivision, agency, or instrumentality
must be served in accordance with 28 U.S.C. § 1608.
(2) State or Local Government. A state, a municipal corporation, or any
other state-created governmental organization that is subject to suit
must be served by:
(A) delivering a copy of the summons and of the complaint to its chief
executive officer; or
(B) serving a copy of each in the manner prescribed by that state’s law
for serving a summons or like process on such a defendant.
(k) Territorial Limits of Effective Service.
(1) In General.
Serving a summons or filing a waiver of service establishes personal
jurisdiction over a defendant:
(A) who is subject to the jurisdiction of a court of general
jurisdiction in the state where the district court is located;
(B) who is a party joined under Rule 14 or 19 and is served within a
judicial district of the United States and not more than 100 miles from
where the summons was issued; or
(C) when authorized by a federal statute.
(2) Federal Claim Outside State-Court Jurisdiction.
For a claim that arises under federal law, serving a summons or filing a
waiver of service establishes personal jurisdiction over a defendant if:
(A) the defendant is not subject to jurisdiction in any state’s courts
of general jurisdiction; and
(B) exercising jurisdiction is consistent with the United States
Constitution and laws.
(l) Proving Service.
(1) Affidavit Required.
Unless service is waived, proof of service must be made to the court.
Except for service by a United States marshal or deputy marshal, proof
must be by the server’s affidavit.
(2) Service Outside the United States.
Service not within any judicial district of the United States must be
proved as follows:
(A) if made under Rule 4(f)(1), as provided in the applicable treaty or
(B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed by the
addressee, or by other evidence satisfying the court that the summons
and complaint were delivered to the addressee.
(3) Validity of Service; Amending Proof.
Failure to prove service does not affect the validity of service. The
court may permit proof of service to be amended.
(m) Time Limit for Service.
If a defendant is not served within 120 days after the complaint is
filed, the court — on motion or on its own after notice to the plaintiff
— must dismiss the action without prejudice against that defendant or
order that service be made within a specified time. But if the plaintiff
shows good cause for the failure, the court must extend the time for
service for an appropriate period. This subdivision (m) does not apply
to service in a foreign country under Rule 4(f) or 4(j)(1).
(n) Asserting Jurisdiction over Property or Assets.
(1) Federal Law.
The court may assert jurisdiction over property if authorized by a
federal statute. Notice to claimants of the property must be given as
provided in the statute or by serving a summons under this rule.
(2) State Law.
On a showing that personal jurisdiction over a defendant cannot be
obtained in the district where the action is brought by reasonable
efforts to serve a summons under this rule, the court may assert
jurisdiction over the defendant’s assets found in the district.
Jurisdiction is acquired by seizing the assets
under the circumstances and in the manner provided by state law in that
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