Rule 4

(c)(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.

(c)(2)

By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.

(e)(1)

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

(d)(1)

Requesting a Waiver. 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. The notice and request must:

• (A)be in writing and be addressed:

  • (i)to the individual defendant; or

  • (ii)for a defendant subject to service under Rule 4(h), to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process;

• (B)name the court where the complaint was filed;

• (C)be accompanied by a copy of the complaint, 2 copies of the waiver form appended to this Rule 4, and a prepaid means for returning the form;

• (D)inform the defendant, using the form appended to this Rule 4, of the consequences of waiving and not waiving service;

• (E)state the date when the request is sent;

• (F)give the defendant a reasonable time of at least 30 days after the request was sent—or at least 60 days if sent to the defendant outside any judicial district of the United States—to return the waiver; and

• (G)be sent by first-class mail or other reliable means.

(d)(2)

Failure to Waive. If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant:

• (A)the expenses later incurred in making service; and

• (B)the reasonable expenses, including attorney’s fees, of any motion required to collect those service expenses.

(d)(3)

Time to Answer After a Waiver. A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent—or until 90 days after it was sent to the defendant outside any judicial district of the United States.

(e)(2)

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:

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.