FEDERAL RULES OF CIVIL PROCEDURE
I.SCOPE OF RULES ONE FORM OF ACTION
Rule1  Scope and Purpose of Rules
These rules govern the procedure in the United States district courts in all suits of a civil nature whether cognizable as cases at law or in equity or in admiralty, with the exceptions stated in Rule 81. They shall be construed and administered to secure the just, speedy, and inexpensive determination of every action.
Rule 2  One Form of Action
There shall be one form of action to be known as civil action.
II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
Rule 3  Commencement of Action
A civil action is commenced by filing a complaint with the court.
Rule 4  Summons
(a) Form. The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff. It shall also state the time within which the defendant must appear and defend, and notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the complaint. The court may allow a summons to be amended.
(b) Issuance. Upon or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is in proper form, the clerk shall sign, seal, and issue it to the plaintiff for service on the defendant. A summons, or a copy of the summons if addressed to multiple defendants, shall be issued for each defendant to be served.
(c) Service with Complaint; by Whom Made.
(1) A summons shall be served together with a copy of the complaint. The plaintiff is
responsible for service of a summons and complaint within the time allowed under subdivision
(m) and shall furnish the person effecting service with the necessary copies of the summons
and complaint.
(2) Service may be effected by any person who is not a party and who is at least 18 years of age. At the request of the plaintiff, however, the court may direct that service be effected by a United States marshal, deputy United States marshal, or other person or officer specially appointed by the court for the purpose. Such an appointment must be made when the plaintiff is authorized to proceed in forma pauperis pursuant to28 U.S.C. §1915 or is authorized to proceed as a seaman under 28 U.S.C. §1916
(d) Waiver of Service; Duty to Save Costs of Service; Request to Waive.
(1) A defendant who waives service of a summons does not thereby waive any objection to
the venue or to the jurisdiction of the court over the person of the defendant.
(2) An individual, corporation, or association that is subject to service under subdivision
(e), (f), or (h) and that receives notice of an action in the manner provided in this paragraph has a duty to avoid unnecessary costs of serving the summons. To avoid costs, the plaintiff may notify such a defendant of the commencement of the action and request that the defendant waive service of a summons. The notice and request.
(A) shall be in writing and shall be addressed directly to the defendant,
if an individual, or else to an officer or managing or general agent (or other
agent authorized by appointment or law to receive service of process) of a
defendant subject to service under subdivision (h) ;
(B) shall be dispatched through first-class mail or other reliable means;
(C) shall be accompanied by a copy of the complaint and shall identify the
court in which it has been filed;
(D) shall inform the defendant, by means of a text prescribed in an official
form promulgated pursuant to Rule 84, of the consequences of compliance and
of a failure to comply with the request;
(E) shall set forth the date on which request is sent; (F) shall allow the
defendant a reasonable time to return the waiver, which shall be at least
30 days from the date on which the request is sent, or 60 days from that date
if the defendant is addressed outside any judicial district of the United
States; and
(G) shall provide the defendant with an extra copy of the notice and request,
as well as a prepaid means of compliance in writing.
If a defendant located within the United States fails to comply with a request
for waiver made by a plaintiff located within the United States, the court
shall impose the costs subsequently incurred in effecting service on the
defendant unless good cause for the failure be shown.
(3) A defendant that, before being served with process, timely returns a waiver so requested is not req
uired to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the United States.
(4) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in paragraph (3), as if a summons and complaint had been served at the time of filing the waiver, and no proofs of service shall be required.
(5) The costs to be imposed on a defendant under paragraph (2) for failure to comply with
a request to waive service of a summons shall include the costs subsequently incurred in effecting service under subdivision (e), (f), or (h), together with the costs, including a reasonable attorney's fee, of any motion required to collect the costs of service.
(e) Service Upon Individuals Within a Judicial District of the United States. Unless otherwise provided by federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in any judicial district of the United States:
(1) pursuant to the law of the state in which the district court is located, or in which
service is effected, for the service of a summons upon the defendant in an action brought
in the courts of general jurisdiction of the State; or
(2) by delivering a copy of the summons and of the complaint to the individual personally
or by leaving copies thereof at the individual's dwelling house or usual place of abode
with some person of suitable age and discretion then residing therein or by delivering
a copy of the summons and of the complaint to an agent authorized by appointment or by
law to receive service of process.
(f) Service Upon Individuals in a Foreign Country. Unless otherwise provided by federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in a place not within any judicial district of the United States:
(1) by any internationally agreed means reasonably calculated to give notice, such as those
means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial
Documents; or
(2) if there is no internationally agreed means of service or the applicable international
agreement allows other means of service, provided that service is reasonably calculated
to give notice:
(A) in the manner prescribed by the law of the foreign country for service
in that country in an action in any of its courts of general jurisdiction;
or
(B) as directed by the foreign authority in response to a letter rogatory
or letter of request; or
(C) unless prohibited by the law of the foreign country, by
(i) delivery to the individual personally of a copy of the
summons and the complaint; or
(ii) any form of mail requiring a signed receipt, to be
addressed and dispatched by the clerk of the court to the party
to be served; or
(3) by other means not prohibited by international agreement as may be directed by the
court.
(g) Service Upon Infants and Incompetent Person. Service upon an infant or an incompetent person in a judicial district of the United States shall be effected in the manner prescribed by the law of the state in which the service is made for the service of summons or like process upon any such defendant in an action brought in the courts of general jurisdiction of that state. Service upon an infant or an incompetent
person in a place not within any judicial district of the United States shall be effected in the manner prescribed by paragraph (2)(A) or (2)(B) of subdivision (f) or by such means as the court may direct.
(h) Service Upon Corporations and Associations. Unless otherwise provided by federal law, service upon a domestic or foreign corporation or upon a partnership or other unincorporated association that is subject to suit under a common name, and from which a waiver of service has not been obtained and filed, shall be effected:
(1) in a judicial district of the United States in the manner prescribed for individuals
by subdivision (e)(1), or by delivering a copy of the summons and of the complaint to an
officer, a managing or general agent, or to any other agent authorized by appointment or
by law to receive service of process and, if the agent is one authorized by statute to
receive service and the statute so requires, by also mailing a copy to the defendant, or
(2) in a place not within any judicial district of the United States in any manner prescribed
for individuals by subdivision (f) except personal delivery as provided in paragraph
(2)(C)(i) thereof.
(i) Serving the United States, Its Agencies, Corporations, Officers, or Employees.
(1) Service upon the United States shall be effected
(A) by delivering a copy of the summons and of the complaint to the United
States attorney for the district in which the action is brought or to an
assistant United States attorney or clerical employee designated by the
United States attorney in a writing filed with the clerk of the court or by
sending a copy of the summons and of the complaint by registered or certified
mail addressed to the civil process clerk at the office of the United States
attorney and
(B) by also sending a copy of the summons and of the complaint by registered
or certified mail to the Attorney General of the United States at Washington,
District of Columbia, and
(C) in any action attacking the validity of an order of an officer or agency
of the United States not made a party, by also sending a copy of the summons
and of the complaint by registered or certified mail to the officer or agency.
(2)(A) Service on an agency or corporation of the United States, or an officer or employee
of the United States sued only in an official capacity, is effected by serving the United
States in the manner prescribed by Rule 4 (i)(1) and by also sending a copy of the summons
and complaint by registered or certified mail to the officer, employee, agency, or
corporation.
(B) Service on an officer or employee of the United States sued in an
individual capacity for acts or omissions occurring in connection with the
performance of duties on behalf of the United States whether or not the
officer or employee is sued also in an official capacity is effected by
serving the United States in the manner prescribed by Rule 4 (i)(1) and by
defendantserving the officer or employee in the manner prescribed by Rule 4 (e), (f),
or (g).
(3) The court shall allow a reasonable time to serve process under Rule 4 (i) for the purpose
of curing the failure to serve:
(A) all persons required to be served in an action governed by Rule 4 (i)(2)(A),
if the plaintiff has served either the United States attorney or the Attorney
General of the United States, or
(B) the United States in an action governed by Rule 4 (i)(2)(B), if the
plaintiff has served an officer or employee of the United States sued in an
individual capacity.
(j) Service Upon Foreign, State, or Local Governments.
(1) Service upon a foreign state or a political subdivision, agency, or instrumentality
thereof shall be effected pursuant to 28 U.S.C. §1608
(2) Service upon a state, municipal corporation, or other governmental organization subject
to suit, shall be effected by delivering a copy of the summons and of the complaint to
its chief executive officer or by serving the summons and complaint in the manner prescribed
by the law of that state for the service of summons or other like process upon any such
defendant.
(k) Territorial Limits of Effective Service.
(1) Service of a summons or filing a waiver of service is effective to establish jurisdiction
over the person of a defendant
(A) who could be subjected to the jurisdiction of a court of general
jurisdiction in the state in which the district court is located, or
(B) who is a party joined under Rule 14 or Rule 19 and is served at a place
within a judicial district of the United States and not more than 100 miles
from the place from which the summons issues, or
(C) who is subject to the federal interpleader jurisdiction under 28 U.S.C.§
1335, or
(D) when authorized by a statute of the United States.
(2) If the exercise of jurisdiction is consistent with the Constitution and laws of the
United States, serving a summons or filing a waiver of service is also effective, with
respect to claims arising under federal law, to establish personal jurisdiction over the
person of any defendant who is not subject to the jurisdiction of the courts of general
jurisdiction of any state.
(l) Proof of Service. If service is not waived, the person effecting service shall make proof thereof to the court. If service is made by a person other than a United States marshal or deputy United States

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