Rule 4.[28U.S.C. Appendix] Summons
(a) Contents; amendments.
(1) Contents. 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 attorneyor—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 willresult in a default judgment against the defendant for the reliefdemanded in the complaint;
(F) be signed by the clerk; and
(G) bear the court’s seal.
(2) Amendments. The court may permit a summonsto be amended.
(b) Issuance.On or after filing the complaint, the plaintiff may presenta summons to the clerk for signature and seal. If the summons is properlycompleted, the clerk must sign, seal, and issue it to the plaintifffor service on the defendant. A summons—or a copy of a summonsthat is addressed to multiple defendants—must be issued foreach defendant to be served.
(c) Service.
(1) In General. A summons must be served with acopy of the complaint. The plaintiff is responsible for having thesummons 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 yearsold 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 servicebe made by a United States marshal or deputy marshal or by a personspecially appointed by the court. The court must so order if the plaintiffis authorized to proceed in forma pauperis under 28 U.S.C. §1915or 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 beencommenced 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 appointmentor 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 the waiverform appended to this Rule 4, and a prepaid means for returning theform;
(D) inform the defendant, using the form appended to this Rule 4,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 afterthe request was sent—or at least 60 days if sent to the defendantoutside any judicial district of the United States—to returnthe waiver; and
(G) be sent by first-class mail or other reliable means.
(2) Failure to Waive. If a defendant located withinthe United States fails, without good cause, to sign and return awaiver 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, ofany motion required to collect those service expenses.
(3) Time to Answer After a Waiver. A defendantwho, before being served with process, timely returns a waiver neednot serve an answer to the complaint until 60 days after the requestwas sent—or until 90 days after it was sent to the defendantoutside any judicial district of the United States.
(4) Results of Filing a Waiver. When the plaintifffiles a waiver, proof of service is not required and these rules applyas if a summons and complaint had been served at the time of filingthe waiver.
(5) Jurisdiction and Venue Not Waived. Waivingservice of a summons does not waive any objection to personal jurisdictionor to venue.
(e) Serving an Individual Withina Judicial District of the United States.Unless federal law provides otherwise, an individual—otherthan a minor, an incompetent person, or a person whose waiver hasbeen filed—may be served in a judicial district of the UnitedStates by:
(1) following state law for serving a summons in an action broughtin courts of general jurisdiction in the state where the districtcourt 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 theindividual personally;
(B) leaving a copy of each at the individual’s dwelling orusual place of abode with someone of suitable age and discretion whor*sides there; or
(C) delivering a copy of each to an agent authorized by appointmentor by law to receive service of process.
(f) Serving an Individual ina Foreign Country.Unless federal law provides otherwise, an individual—otherthan a minor, an incompetent person, or a person whose waiver hasbeen filed—may be served at a place not within any judicialdistrict of the United States:
(1) by any internationally agreed means of service that is reasonablycalculated to give notice, such as those authorized by the Hague Conventionon the Service Abroad of Judicial and Extrajudicial Documents;
(2) if there is no internationally agreed means, or if an internationalagreement allows but does not specify other means, by a method thatis reasonably calculated to give notice:
(A) as prescribed by the foreign country’s law for servicein that country in an action in its courts of general jurisdiction;
(B) as the foreign authority directs in response to a letter rogatoryor 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 theindividual personally; or
(ii) using any form of mail that the clerk addresses and sends tothe individual and that requires a signed receipt; or
(3) by other means not prohibited by international agreement, asthe court orders.
(g) Serving a Minor or an IncompetentPerson.A minor or an incompetent person in a judicial district of theUnited States must be served by following state law for serving asummons or like process on such a defendant in an action brought inthe courts of general jurisdiction of the state where service is made.A minor or an incompetent person who is not within any judicial districtof the United States must be served in the manner prescribed by Rule4(f)(2)(A), (f)(2)(B), or (f)(3).
(h) Serving a Corporation,Partnership, or Association.Unless federal law provides otherwise or the defendant’swaiver has been filed, a domestic or foreign corporation, or a partnershipor other unincorporated association that is subject to suit undera 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;or
(B) by delivering a copy of the summons and of the complaint toan officer, a managing or general agent, or any other agent authorizedby appointment or by law to receive service of process and—ifthe 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, exceptpersonal delivery under (f)(2)(C)(i).
(i) Serving the United Statesand Its Agencies, Corporations, Officers, or Employees.
(1) United States. To serve the United States,a party must:
(A)(i) deliver a copy of the summons and of the complaint to the UnitedStates attorney for the district where the action is brought—or to an assistant United States attorney or clerical employee whomthe United States attorney designates in a writing filed with thecourt clerk—or
(ii) send a copy of each by registered or certified mail to the civil-processclerk at the United States attorney’s office;
(B) send a copy of each by registered or certified mail to the AttorneyGeneral of the United States at Washington, D.C.; and
(C) if the action challenges an order of a nonparty agency or officerof the United States, send a copy of each by registered or certifiedmail to the agency or officer.
(2) Agency; Corporation; Officer or Employee Sued in anOfficial Capacity. 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 summonsand of the complaint by registered or certified mail to the agency,corporation, officer, or employee.
(3) Officer or Employee Sued Individually. To servea United States officer or employee sued in an individual capacityfor an act or omission occurring in connection with duties performedon the United States’ behalf (whether or not the officer oremployee is also sued in an official capacity), a party must servethe United States and also serve the officer or employee under Rule4(e), (f), or (g).
(4) Extending Time. The court must allow a partya reasonable time to cure its failure to:
(A) serve a person required to be served under Rule 4(i)(2), ifthe party has served either the United States attorney or the AttorneyGeneral of the United States; or
(B) serve the United States under Rule 4(i)(3), if the party hasserved the United States officer or employee.
(j) Serving a Foreign, State,or Local Government.
(1) Foreign State. A foreign state or its politicalsubdivision, agency, or instrumentality must be served in accordancewith 28 U.S.C. § 1608.
(2) State or Local Government. A state, a municipalcorporation, or any other state-created governmental organizationthat is subject to suit must be served by:
(A) delivering a copy of the summons and of the complaint to itschief executive officer; or
(B) serving a copy of each in the manner prescribed by that state’slaw for serving a summons or like process on such a defendant.
(k) Territorial Limits of EffectiveService.
(1) In General. Serving a summons or filing a waiverof service establishes personal jurisdiction over a defendant:
(A) who is subject to the jurisdiction of a court of general jurisdictionin the state where the district court is located;
(B) who is a party joined under Rule 14 or 19 and is served withina judicial district of the United States and not more than 100 milesfrom 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 filinga waiver of service establishes personal jurisdiction over a defendantif:
(A) the defendant is not subject to jurisdiction in any state’scourts of general jurisdiction; and
(B) exercising jurisdiction is consistent with the United StatesConstitution and laws.
(l) Proving Service.
(1) Affidavit Required. Unless service is waived,proof of service must be made to the court. Except for service bya United States marshal or deputy marshal, proof must be by the server’saffidavit.
(2) Service Outside the United States. Servicenot within any judicial district of the United States must be provedas follows:
(A) if made under Rule 4(f)(1), as provided in the applicable treatyor convention; or
(B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed bythe addressee, or by other evidence satisfying the court that thesummons and complaint were delivered to the addressee.
(3) Validity of Service; Amending Proof.Failureto prove service does not affect the validity of service. The courtmay permit proof of service to be amended.
(m) Time Limit for Service.If a defendant is not served within 90 days after the complaintis filed, the court—on motion or on its own after notice tothe plaintiff—must dismiss the action without prejudice againstthat defendant or order that service be made within a specified time.But if the plaintiff shows good cause for the failure, the court mustextend the time for service for an appropriate period. This subdivision(m) does not apply to service in a foreign country under Rule 4(f),4(h)(2), or 4(j)(1), or to service of a notice under Rule 71.1(d)(3)(A).
(n) Asserting Jurisdictionover Property or Assets.
(1) Federal Law. The court may assert jurisdictionover property if authorized by a federal statute. Notice to claimantsof the property must be given as provided in the statute or by servinga summons under this rule.
(2) State Law. On a showing that personal jurisdictionover a defendant cannot be obtained in the district where the actionis brought by reasonable efforts to serve a summons under this rule,the court may assert jurisdiction over the defendant’s assetsfound in the district. Jurisdiction is acquired by seizing the assetsunder the circ*mstances and in the manner provided by state law inthat district.
[Internal Reference.—SSAct §1128A(c) cites Rule 4 ofthe Federal Rules of Civil Procedure.]
