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1982 Rep. Advisory Comm. on Civ. Rules 1 (1982)

handle is hein.usfed/adcvru0017 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE OF THE JUDICIAL CONFERENCE OF THE UNITED STATES WASHINGTON, D.C. 20544 CHAIRMEN OF ADVISORY COMMITTEES EDWARD T. GIGNOUX WALTER R. MANSFIELD CHAIRMAN CIVIL RULES WALTER E. HOFFMAN JOSEPH F. SPANIOL, JR. CRIMINAL RULES SECRETARY ROBERT A. AINSWORTH, JR. APPELLATE RULES RUGGERO J. ALDISERT BANKRUPTCY RULES January 15, 1982 To: Judge Edward T. Gignoux, Chairman, and Members of the Committee on Rules of Practice and Procedure From: Walter R. Mansfield, Chairman, Advisory Committee on Civil Rules I have the honor of submitting herewith our Committee's final draft of proposed amendments to Rule 4 of the Federal Rules of Civil Procedure and its Advisory Note, which recommend changes designed to relieve United States marshals of the duty of serving summonses and complaints in most federal civil litigation in which the government is not a party. Under the amendments the marshals would be obligated to serve such process only to the extent required by federal statute, local district court rule or court order, or where an enforcement presence is advisable, e.g., service of restraining orders, attachments, arrests and notices of judicial sales. The draft amendments authorize service of a summons or complaint to be made by any non-party over 18 years of age, a procedure that has worked satisfactorily in a substantial number of other jurisdictions. Service must be made within 120 days after the filing of the complaint unless an enlargement of time is obtained by order of the court pursuant to Rule 6(b). Under the amendments special provisions authorizing service by certain facilities, such as sheriffs, state court officers or private process servers, would no longer be required, as long as the person making service is a non-party and over 18 years of age. A uniform and exclusive method of serving a summons and complaint by registered mail is also authorized by subdivision (d)(8).

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