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.
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(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.
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(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...
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(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.
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(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 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.