The summons and complaint must be served together regardless of the method of service employed. FRCP 4 (c)(1) (amended eff 12/1/17).
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 appropriate period. 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) . FRCP 4 (m) (amended eff 12/1/17).
Plaintiffs may seek an extension of the time allowed to serve summons and complaint under Rule 6 (b) . FRCP 6 (b).
Any person not a party to the action who is at least eighteen (18) years of age may serve a summons and complaint in a federal action. FRCP 4 (c)(2) (amended eff 12/1/17).
Rule 4 provides that service of process may be effected pursuant to state rules, except in the case of foreign individuals, foreign corporations, partnerships or associations, or governmental defendants. FRCP 4 (e)(1), (h) & (j) (amended eff 12/1/17).
The Federal Rules of Civil Procedure provide the following methods of serving competent individuals within the United States:
The delivery of a copy of summons and complaint to defendant personally. FRCP 4 (e)(2)(A) (amended eff 12/1/17).
The delivery of a copy of summons and complaint to someone else "of suitable age and discretion" at defendant's residence. FRCP 4 (e)(2)(B) (amended eff 12/1/17).
Delivery of a copy of summons and complaint to an "agent authorized by appointment or by law to receive service of process." FRCP 4 (e)(2)(C) (amended eff 12/1/17).
Where defendant is out of state, plaintiff may serve pursuant to the service rules effective in defendant's state of domicile, or any state in which the defendant is located. FRCP 4 (e)(1) (amended eff 12/1/17).
A litigant may serve process on an individual foreign defendant by any internationally agreed means "reasonably calculated to give notice," such as those authorized by the Hague Convention. FRCP 4 (f)(1) (amended eff 12/1/17).
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
See FRCP 4 (amended eff 12/1/17) for methods of service authorized by the Hague Convention.
Service upon a foreign state or political subdivision, or agency or instrumentality thereof, must be effected pursuant to the Foreign Sovereign Immunities Act, 28 USC § 1608. FRCP 4 (j)(1) (amended eff 12/1/17).
Minors and incompetent persons must be served as provided by the law of the state or foreign country where the service is effected. FRCP 4 (g) (amended eff 12/1/17).
Service upon foreign or domestic business entities is effected by delivery of a copy of the summons and complaint in any manner as provided for service upon individuals, or by delivery to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process. If the agent is authorized by statute and the statute so requires, a copy of the summons and complaint must also be mailed to the defendant. FRCP 4 (h)(1) (amended eff 12/1/17).
Service upon a business entity outside the United States may be effected by any method permitted by Rule 4 (f) for service of foreign individuals, except for personal delivery. FRCP 4 (h)(2) (amended eff 12/1/17).
Service Under Arizona State Law
Service on domestic individuals can be made pursuant to Arizona state law. FRCP 4 (e)(1) (amended eff 12/1/17).
Service on corporations, partnerships, or other unincorporated entities can be made pursuant to Arizona state law. FRCP 4 (h)(1) (amended eff 12/1/17).
The court must allow a "reasonable time" for a litigant to serve process as required in actions against the United States. FRCP 4(i)(4). Therefore, if plaintiff has served either the United States Attorney or the Attorney General, the Court shall allow plaintiff a reasonable time to serve the other entity. FRCP 4 (i)(4) (amended eff 12/1/17).
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;
Service must be effected as described above. Copies must be sent by registered or certified mail to the officer, agency or corporation itself. FRCP 4 (i)(2) (amended eff 12/1/17).
Where service has been effected on the United States attorney or the Attorney General, the court must "allow a reasonable time for service . . . for the purpose of curing the failure to serve" multiple officers, agencies or corporations of the United States. FRCP 4 (i)(4) (amended eff 12/1/17).
When a federal employee is sued in an individual capacity for acts or omissions occurring "in connection with the performance of duties on behalf of the United States" service is required on the United States as well as on the employee individually. FRCP 4 (i)(3) (amended eff 12/1/17).
If service has been effected on a federal employee in an individual capacity, the court must allow a "reasonable time" to cure any failure to serve process as required under Rule 4 (i)(2) . FRCP 4 (i)(4) (amended eff 12/1/17).
To effect service on a state or governmental organization thereof, a copy of summons and complaint must be delivered to the chief executive officer of the body involved, or service may be effected in any manner in accordance with the law of the state where the governmental entity is located. FRCP 4 (j)(2) (amended eff 12/1/17).
The plaintiff may notify defendant of the commencement of the action and request that the defendant waive service of a summons. FRCP 4 (d)(1) (amended eff 12/1/17).
A request for waiver of service can be made to foreign or domestic individuals or business entities. FRCP 4 (d)(1) (amended eff 12/1/17).
The notice and request must:
(A) be in writing and be addressed:
(i) to the individual defendant; or
The time within which a defendant must return the waiver must be set forth in the request for waiver. The time allowed must be a "reasonable time," for domestic parties at least thirty (30) days from the date on which the request was sent, for foreign parties at least sixty (60) days. FRCP 4 (d)(2)(F) (amended eff 12/1/17).
If a domestic defendant waives service, the time to respond to the complaint is sixty (60) days from the date the request is sent, for a foreign defendant, ninety (90) days. FRCP 4 (d)(3) (amended eff 12/1/17).
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.
"If service is not waived, the person effecting service shall make proof thereof to the court." The proof of service must be executed by the individual who effects service and must be filed with the court. FRCP 4(l) (amended eff 12/1/1 7).
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