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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.
- Title II
Rule 3. Commencing an Action; Rule 4. Summons; Rule 4.1....
- 28 U.S. Code 1608
if service cannot be made under paragraphs (1) ... judgment...
- Rule 5
Rule 5(b) is restyled. Rule 5(b)(1) makes it clear that the...
- Rule 4.1. Serving Other Process
Rule 4.1. Serving Other Process. (a) In General....
- Title II
Rule 4.1. Serving Other Process. (a) In General. Process—other than a summons under Rule 4 or a subpoena under Rule 45 —must be served by a United States marshal or deputy marshal or by a person specially appointed for that purpose.
Rule 4.1 allows parties in a civil lawsuit to serve subpoenas to compel testimony or the production of documents from individuals or entities who are not parties to the lawsuit. This could include witnesses, businesses, or other organizations.
Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint.
1 Δεκ 2023 · RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS. TITLE I. SCOPE OF RULES; FORM OF ACTION. Rule 1. Scope and Purpose. Rule 2. One Form of Action. TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS. Rule 3. Commencing an Action. Rule 4. Summons. Rule 4.1. Serving Other Process. Rule 5.
Rule 4— Summons (a) Form. The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff.
Rule 4.1. Serving Other Process (a) IN GENERAL. Process—other than a summons under Rule 4 or a subpoena under Rule 45—must be served by a United States marshal or deputy marshal or unless otherwise provided by statute, by a person who is not a party and not less than 18 years of age.