Federal Rules of Civil Procedure
Rule 4 — Summons
Fed. R. Civ. P. 4
SourceFederal Rules of Civil Procedure
Rule4
TITLE IICOMMENCING AN ACTION; SERVICE OF PROCESS,
CitationFed. R. Civ. P. 4
Fed. R. Civ. P. 4 (Summons) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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Fed. R. Civ. P. 4.
Text
(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 attorney
or—if unrepresented—of the plaintiff;
(D)state the time within which the defendant must ap-
pear and defend;
(E)notify the defendant that a failure to appear and de-
fend will result in a default judgment against the defend-
ant for the relief demanded in the complaint;
(F)be signed by the clerk; and
(G)bear the court’s seal.
1Title amended December 29, 1948, effective October 20, 1949.
(2)Amendments. The court may permit a summons to be
amended.
(b)ISSUANCE. On or after filing the complaint, the plaintiff may
present a summons to the clerk for signature and seal. If the sum-
mons is properly complete
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(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 attorney
or—if unrepresented—of the plaintiff;
(D) state the time within which the defendant must ap-
pear and defend;
(E) notify the defendant that a failure to appear and de-
fend will result in a default judgment against the defend-
ant for the relief demanded in the complaint;
(F) be signed by the clerk; and
(G) bear the court’s seal.
1Title amended December 29, 1948, effective October 20, 1949.
(2) Amendments. The court may permit a summons to be
amended.
(b) ISSUANCE. On or after filing the complaint, the plaintiff may
present a summons to the clerk for signature and seal. If the sum-
mons 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.
(c) SERVICE.
(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 plain-
tiff’s request, the court may order that service be made by a
United States marshal or deputy marshal or by a person spe-
cially 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) WAIVINGSERVICE.
(1) Requesting a Waiver. An individual, corporation, or asso-
ciation 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 re-
ceive 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 waiver form appended to this Rule 4, and a prepaid
means for returning the form;
(D) inform the defendant, using the form appended to
this Rule 4, of the consequences of waiving and not waiv-
ing 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 re-
quest was sent—or until 90 days after it was sent to the de-
fendant outside any judicial district of the United States.
(4) Results of Filing a Waiver. When the plaintiff files a waiv-
er, 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 jurisdic-
tion or to venue.
(e) SERVING AN INDIVIDUAL WITHIN A JUDICIAL DISTRICT OF THE
UNITED STATES. Unless federal law provides otherwise, an individ-
ual—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 com-
plaint to the individual personally;
(B) leaving a copy of each at the individual’s dwelling or
usual place of abode with someone of suitable age and dis-
cretion who resides there; or
(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 in-
competent person, or a person whose waiver has been filed—may
be served at a place not within any judicial district of the United
States:
(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 Documents;
(2) if there is no internationally agreed means, or if an inter-
national 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 juris-
diction;
(B) as the foreign authority directs in response to a let-
ter 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 com-
plaint 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 agree-
ment, as the court orders.
(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 pre-
scribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3).
(h) SERVING A CORPORATION, PARTNERSHIP, OR ASSOCIATION. Un-
less 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; or
(B) by delivering a copy of the summons and of the com-
plaint to an officer, a managing or general agent, or any
other agent authorized by appointment or by law to re-
ceive 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, CORPORA-
TIONS, OFFICERS, OREMPLOYEES.
(1) United States. To serve the United States, a party must:
(A)(i) deliver a copy of the summons and of the com-
plaint to the United States attorney for the district where
the action is brought—or to an assistant United States at-
torney or clerical employee whom the United States attor-
ney 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 of-
fice;
(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 agen-
cy 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
Capacity. To serve a United States agency or corporation, or
a United States officer or employee sued only in an official ca-
pacity, 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 per-
formed 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 reason-
able 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 at-
torney 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) SERVINGAFOREIGN, STATE, ORLOCALGOVERNMENT.
(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 corpora-
tion, 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 com-
plaint 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) TERRITORIALLIMITSOFEFFECTIVESERVICE.
(1) In General. Serving a summons or filing a waiver of serv-
ice establishes personal jurisdiction over a defendant:
(A) who is subject to the jurisdiction of a court of gen-
eral jurisdiction in the state where the district court is lo-
cated;
(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 is-
sued; 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 de-
fendant 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) PROVINGSERVICE.
(1) Affidavit Required. Unless service is waived, proof of serv-
ice must be made to the court. Except for service by a United
States marshal or deputy marshal, proof must be by the serv-
er’s affidavit.
(2) Service Outside the United States. Service not within any
judicial district of the United States must be proved as fol-
lows:
(A) if made under Rule 4(f)(1), as provided in the applica-
ble treaty or convention; 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 ad-
dressee.
(3) Validity of Service; Amending Proof. Failure to prove serv-
ice does not affect the validity of service. The court may per-
mit proof of service to be amended.
(m) TIME LIMIT FOR SERVICE. If a defendant is not served within
90 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 ap-
propriate 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) ASSERTINGJURISDICTIONOVERPROPERTYORASSETS.
(1) Federal Law. The court may assert jurisdiction over prop-
erty 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 ac-
tion is brought by reasonable efforts to serve a summons
under this rule, the court may assert jurisdiction over the de-
fendant’s assets found in the district. Jurisdiction is acquired
by seizing the assets under the circumstances and in the man-
ner provided by state law in that district.
(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 attorney
or—if unrepresented—of the plaintiff;
(D) state the time within which the defendant must ap-
pear and defend;
(E) notify the defendant that a failure to appear and de-
fend will result in a default judgment against the defend-
ant for the relief demanded in the complaint;
(F) be signed by the clerk; and
(G) bear the court’s seal.
1Title amended December 29, 1948, effective October 20, 1949.
(2) Amendments. The court may permit a summons to be
amended.
(b) ISSUANCE. On or after filing the complaint, the plaintiff may
present a summons to the clerk for signature and seal. If the sum-
mons 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.
(c) SERVICE.
(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 plain-
tiff’s request, the court may order that service be made by a
United States marshal or deputy marshal or by a person spe-
cially 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) WAIVINGSERVICE.
(1) Requesting a Waiver. An individual, corporation, or asso-
ciation 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 re-
ceive 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 waiver form appended to this Rule 4, and a prepaid
means for returning the form;
(D) inform the defendant, using the form appended to
this Rule 4, of the consequences of waiving and not waiv-
ing 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 re-
quest was sent—or until 90 days after it was sent to the de-
fendant outside any judicial district of the United States.
(4) Results of Filing a Waiver. When the plaintiff files a waiv-
er, 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 jurisdic-
tion or to venue.
(e) SERVING AN INDIVIDUAL WITHIN A JUDICIAL DISTRICT OF THE
UNITED STATES. Unless federal law provides otherwise, an individ-
ual—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 com-
plaint to the individual personally;
(B) leaving a copy of each at the individual’s dwelling or
usual place of abode with someone of suitable age and dis-
cretion who resides there; or
(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 in-
competent person, or a person whose waiver has been filed—may
be served at a place not within any judicial district of the United
States:
(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 Documents;
(2) if there is no internationally agreed means, or if an inter-
national 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 juris-
diction;
(B) as the foreign authority directs in response to a let-
ter 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 com-
plaint 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 agree-
ment, as the court orders.
(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 pre-
scribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3).
(h) SERVING A CORPORATION, PARTNERSHIP, OR ASSOCIATION. Un-
less 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; or
(B) by delivering a copy of the summons and of the com-
plaint to an officer, a managing or general agent, or any
other agent authorized by appointment or by law to re-
ceive 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, CORPORA-
TIONS, OFFICERS, OREMPLOYEES.
(1) United States. To serve the United States, a party must:
(A)(i) deliver a copy of the summons and of the com-
plaint to the United States attorney for the district where
the action is brought—or to an assistant United States at-
torney or clerical employee whom the United States attor-
ney 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 of-
fice;
(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 agen-
cy 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
Capacity. To serve a United States agency or corporation, or
a United States officer or employee sued only in an official ca-
pacity, 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 per-
formed 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 reason-
able 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 at-
torney 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) SERVINGAFOREIGN, STATE, ORLOCALGOVERNMENT.
(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 corpora-
tion, 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 com-
plaint 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) TERRITORIALLIMITSOFEFFECTIVESERVICE.
(1) In General. Serving a summons or filing a waiver of serv-
ice establishes personal jurisdiction over a defendant:
(A) who is subject to the jurisdiction of a court of gen-
eral jurisdiction in the state where the district court is lo-
cated;
(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 is-
sued; 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 de-
fendant 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) PROVINGSERVICE.
(1) Affidavit Required. Unless service is waived, proof of serv-
ice must be made to the court. Except for service by a United
States marshal or deputy marshal, proof must be by the serv-
er’s affidavit.
(2) Service Outside the United States. Service not within any
judicial district of the United States must be proved as fol-
lows:
(A) if made under Rule 4(f)(1), as provided in the applica-
ble treaty or convention; 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 ad-
dressee.
(3) Validity of Service; Amending Proof. Failure to prove serv-
ice does not affect the validity of service. The court may per-
mit proof of service to be amended.
(m) TIME LIMIT FOR SERVICE. If a defendant is not served within
90 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 ap-
propriate 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) ASSERTINGJURISDICTIONOVERPROPERTYORASSETS.
(1) Federal Law. The court may assert jurisdiction over prop-
erty 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 ac-
tion is brought by reasonable efforts to serve a summons
under this rule, the court may assert jurisdiction over the de-
fendant’s assets found in the district. Jurisdiction is acquired
by seizing the assets under the circumstances and in the man-
ner provided by state law in that district.
Related
Advisory Committee Notes
(As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Apr. 29, 1980, eff. Aug. 1, 1980; Pub. L. 97–462, §2, Jan. 12, 1983, 96 Stat. 2527, eff. Feb. 26, 1983; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 29, 2015, eff. Dec. 1, 2015; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 27, 2017, eff. Dec. 1, 2017.)