Miami Criminal Lawyer Home
U.S. Code | Table of Contents
Federal Rules of Civil Procedure | Table of 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 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 the complaint;
(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.
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.
Any person who is at least 18 years old and not a party may serve a summons and complaint.
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.
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
(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.
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.
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.
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.
Waiving service of a summons does not waive any objection to personal jurisdiction or to venue.
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:
(A) delivering a copy of the summons and of the complaint 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 discretion who resides there; or
(C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.
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 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;
(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
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
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:
(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 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
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;
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.
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).
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.
A foreign state or its political subdivision, agency, or instrumentality must be served in accordance with 28 U.S.C. § 1608.
(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.
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;
(C) when authorized by a federal statute.
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.
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.
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 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 addressee.
Failure to prove service does not affect the validity of service. The court may permit proof of service to be amended.
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).
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.
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
LinksFederal Rules of Civil Procedure
I. SCOPE OF RULES--ONE FORM OF ACTION
1. Scope of Rules
2. One Form of Action
II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
3. Commencing an Action
4.1. Serving Other Process
5. Serving and Filing Pleadings and Other Papers
5.1. Constitutional Challenge to a Statute - Notice, Certification, and Intervention
5.2. Privacy Protection For Filings Made with the Court
6. Computing and Extending Time; Time for Motion Papers
III. PLEADINGS AND MOTIONS
7. Pleadings Allowed; Form of Motions and Other Papers
7.1. Disclosure Statement
8. General Rules of Pleading
9. Pleading Special Matters
10. Form of Pleadings
11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
13. Counterclaim and Crossclaim
14. Third-Party Practice
15. Amended and Supplemental Pleadings
16. Pretrial Conferences; Scheduling; Management
17. Plaintiff and Defendant; Capacity; Public Officers
18. Joinder of Claims
19. Required Joinder of Parties
20. Permissive Joinder of Parties
21. Misjoinder and Nonjoinder of Parties
23. Class Actions
23.1. Derivative Actions
23.2. Actions Relating to Unincorporated Associations
25. Substitution of Parties
V. DEPOSITIONS AND DISCOVERY
26. Duty to Disclose; General Provisions Governing Discovery
27. Depositions to Perpetuate Testimony
28. Persons Before Whom Depositions May Be Taken
29. Stipulations Regarding Discovery Procedure
30. Deposition by Oral Examination
31. Depositions by Written Questions
32. Using Depositions in Court Proceedings
33. Interrogatories to Parties
34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
35. Physical and Mental Examinations
36. Requests for Admission
37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
38. Right to a Jury Trial; Demand
39. Trial by Jury or by the Court
40. Scheduling Cases for Trial
41. Dismissal of Actions
42. Consolidation; Separate Trials
43. Taking Testimony
44. Proving an Official Record
44.1. Determining Foreign Law
46. Objecting to a Ruling or Order
47. Selection of Jurors
48. Number of Jurors: Verdict
49. Special Verdict; General Verdict and Questions
50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
51. Instructions to the Jury; Objections; Preserving a Claim of Error
52. Findings and Conclusions by the Court; Judgment on Partial Findings
54. Judgments; Costs
55. Default; Default Judgment
56. Summary Judgment
57. Declaratory Judgments
58. Entry of Judgment
59. New Trial; Altering or Amending a Judgment
60. Relief from Judgment or Order
61. Harmless Error
62. Stay of Proceedings to Enforce a Judgment
63. Judges Inability to Proceed
VIII. PROVISIONAL AND FINAL REMEDIES
64. Seizing a Person or Property
65. Injunctions and Restraining Orders
65.1 Proceedings Against a Surety
67. Deposit into Court
68. Offer of Judgment
70. Enforcing a Judgment for a Specific Act
71. Enforcing Relief For or Against a Nonparty
IX. SPECIAL PROCEEDINGS
71.1 Condemning Real or Personal Property
72. Magistrate Judges: Pretrial Orders
73. Magistrate Judges: Trial by Consent; Appeal
X. DISTRICT COURTS AND CLERKS
77. Conducting Business; Clerks Authority; Notice of an Order or Judgment
78. Hearing Motions; Submission on Briefs
79. Records Kept by the Clerk
80. Stenographic Transcript as Evidence
XI. GENERAL PROVISIONS
81. Applicability of the Rules in General; Removed Actions
82. Jurisdiction and Venue Unaffected
83. Rules by District Courts; Judge's Directives
86. Effective Date
XII. APPENDIX OF FORMS (U.S. Courts site)
XIII. SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS
A. Scope of Rules
B. In Personam Actions: Attachment and Garnishment
C. Actions in Rem: Special Provisions
D. Possessory, Petitory, and Partition Actions
E. Actions in Rem and Quasi in Rem: General Provisions
F. Limitation of Liability
G. Forfeiture Actions In Rem
Federal Rules of Civil Procedure
Federal Rules of Appellate Procedure
Federal Rules of Criminal Procedure
Federal Rules of Evidence
Federal Sentencing Guidelines Manual
Miami Criminal Lawyer
Fort Lauderdale Criminal Lawyer
Palm Beach Criminal Lawyer
Naples Criminal Lawyer
Fort Myers Criminal Lawyer
Criminal Lawyer in Orlando
Tampa Criminal Lawyer
Criminal Lawyer in Jacksonville
Miami Fraud Lawyer
Miami Drug Lawyer
Miami Expunging Records Lawyer
Miami Sex Crime Lawyer
Miami Domestic Violence Lawyer
Miami IRS Violations Lawyer