Service of Process
Waiver of Service: Pauper and Seaman Cases:
Although the U.S. Marshal is required to
serve a summons and complaint on behalf of paupers and seamen, waiver of
service is not actual service of summons and complaint. Consequently,
the U.S. Marshal may not be required to prepare and send the notice of
lawsuit and request for waiver forms, along with the complaint, to the
defendant. This may be done by the pauper and seaman plaintiff or the
clerk of court. The waiver, however, is optional for a plaintiff; thus,
the pauper or seaman plaintiff cannot be compelled to initiate the
waiver process.
Manner of Service:
(See Methods of
Service by State) The
summons and complaint must be served together as a single piece of
process. Service on individuals and
corporations may be effected in any manner permitted under the law of
the state where the district court is located or under the law of the
state where the summons is to be served. In most states, the only method
of appropriate service is by delivering a copy of the summons and
complaint to the defendant personally, or to a person of suitable age
and discretion residing at the defendant's usual place of abode, or to
an agent authorized to receive process for the defendant. Some states
provide for certified mail service as an alternative to personal
service. Several other states provide for service by either personal,
certified mail, or first-class mail service. A brief list of state law
methods of service on individuals appears in
Methods of Service by State.
Note: The information related to the service of
court process that is contained on this web site is general information
and not intended to be an exhaustive or definitive explanation or depiction
of Federal rules of procedures for the service of process.
Readers are directed to the Federal Rules of Criminal and
Civil Procedure; personal legal counsel; the United States Code, Titles 18 and 28;
their local
U.S. Attorney's Office and District Court for
specific, authoritative guidance.
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