Pursuant to Rule 4(c) of the Federal Rules of Civil Procedures:
- 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.
- By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.
When using this form, please make sure you have completed the following prior to submitting it to the Court:
- Plaintiff(s) (enter your name.)
- Defendant(s) (enter all named defendants.)
- The Defendant’s name and address (enter full name of individual defendant. If you are requesting the U.S. Marshal effect service of your summons, you must provide an accurate, physical, service address. Service cannot be made on a defendant at a P.O. Box.)
- The answer or motion must be served on the plaintiff or plaintiff’s attorney whose name and address are: (enter your name and contact information, including a phone number and email address, if available)
After the summons has been served on a defendant, this Court requires that both pages of the document will need to be filed with the Court.
Rule 4(c)(3) states that 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.”
Rule 4(m) states that “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 time for service for an appropriate period.”
If you wish to have the U.S. Marshal attempt to effect service of your summons and complaint, you are responsible for providing a completed Addendum to the Application to Proceed without Prepaying Fees or Costs, indicating that you are requesting that service be made by the U.S. Marshal along with a completed summons and USM-285 form with an accurate, physical, service address for each named defendant in your civil complaint. If you are unable to provide an accurate, physical, service address for each named defendant in your civil complaint, the U.S. Marshal will be unable to execute service upon the defendant. Service cannot be made on a defendant at a P.O. Box.