Rule 3. Commencement of Action
A civil action is commenced by filing a complaint with the court.
Rule 4. 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 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.
(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 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.
(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.
...
(e) Serving an Individual Within a Judicial District of the United
States.
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:
(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
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.
...
(h) Serving a Corporation, Partnership, or Association.
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:
(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 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...
...
(l) Proving Service.
(1) Affidavit Required. 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.
...
(m) Time Limit for Service.
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.. . . .
Rule 77. Conducting Business; Clerk’s Authority; Notice of an Order or
Judgment
(a) When Court Is Open.
Every district court is considered always open for filing any paper,
issuing and returning process, making a motion, or entering an order.
Form 3. Summons.
(Caption – See Form 1.)
To name
the defendant:
A lawsuit has been filed against you.
Within 20 days after service of this summons on you (not counting the
day you received it), you must serve on the plaintiff an answer to the
attached complaint or a motion under Rule 12 of the Federal Rules of
Civil Procedure. The answer or motion must be served on the plaintiff’s
attorney,___________, whose address is
____________. If you fail to do so, judgment by default will be entered
against you for the relief demanded in the complaint. You also must
file your answer or motion with the court.
Date ________ ___________________
Clerk of Court
(Court Seal)