Federal Rules of Civil Procedure (FRCP) Overview: Rules 1 and 4

A set of vocabulary flashcards covering the scope and requirements of Rule 1 and Rule 4 of the Federal Rules of Civil Procedure (FRCP).

Rule 1

Specifies that the FRCP govern all civil actions in U.S. district courts and should be construed to secure the just, speedy, and inexpensive determination of every action.

Rule 4(a)

Specifies the contents of a summons: it must name the court and parties, be directed to the defendant, state the plaintiff's or attorney's name and address, state the time to appear, warn of default, and be signed by the clerk with the court's seal.

Rule 4(b)

Governs the issuance of a summons: the plaintiff presents the summons to the clerk, who signs, seals, and issues it, providing one summons for each defendant.

Rule 4(c)

Requires the summons to be served with the complaint within the 4(m) time limit by any nonparty who is at least 18 years old; permits the court to order a U.S. marshal to serve, and mandates marshal service for in forma pauperis plaintiffs.

Rule 4(d)

Establishes a duty for defendants to avoid unnecessary service costs, provides at least 30 days to return a waiver request (60 days if abroad), requires a refusing U.S. defendant without good cause to pay service costs and fees, allows 60 days to answer if waived (90 days if abroad), and preserves objections to personal jurisdiction and venue.

Rule 4(e)

Specifies methods to serve an individual: follow state law where the court sits or where service is made, deliver personally, leave papers at the person's home with someone of suitable age and discretion who lives there, or deliver to an authorized agent.

Rule 4(i)

Governs serving the U.S. and its officers or agencies: deliver to the U.S. attorney for the district and mail to the Attorney General (and to the agency if challenging a nonparty agency's order); mail to an agency or officer sued in an official capacity; and serve personally if an officer is sued individually.