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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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