What Is Rule 4 of the Federal Rules of Civil Procedure?
Rule 4 of the Federal Rules of Civil Procedure governs summons and service of process in federal civil cases. It explains how a lawsuit is formally initiated, who may serve process, what documents must be served, and the deadlines for completing service.
If service is defective or untimely, a case can be dismissed, even if the claims themselves are otherwise valid.
What Documents Must Be Served Under Federal Rule of Civil Procedure 4?
Rule 4 requires service of:
- The summons, issued by the clerk of court and meeting the requirements of Rule 4(a)(1); and
- A copy of the complaint, which sets out the claims against the defendant.
Both documents must be served together. Serving one without the other does not satisfy Rule 4.
Who Can Serve Process in Federal Court?
Under Rule 4(c)(2):
- Any person who is at least 18 years old and
- Not a party to the case
may serve the summons and complaint.
This includes professional process servers, but Rule 4 does not require one.
Time Limit for Service Under Federal Rule of Civil Procedure 4(m)
How Long Do You Have to Serve a Defendant?
Rule 4(m) sets a strict deadline:
Time Limit for Service. If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1), or to service of a notice under Rule 71.1(d)(3)(A). Fed. R. Civ. P. 4(m).
As noted above, if service is not completed within that time, the court must either:
- Dismiss the action without prejudice, or
- Order that service be made within a specified time.
If the plaintiff shows good cause, the court must extend the time for service for an appropriate period.
🔗 Tip: This deadline often overlaps with early motion practice. Tracking it alongside Rule 12 deadlines is essential.
Methods of Service Under Rule 4
Service on Individuals (Rule 4(e))
An individual may be served by:
- Personal delivery;
- Leaving the papers at the individual’s dwelling with a suitable person;
- Delivery to an authorized agent; or
- Any method permitted by the law of the state where service is made or where the court sits.
Service on Corporations and Other Entities (Rule 4(h))
A corporation, partnership, or association may be served by:
- Delivery to an officer, managing or general agent; or
- Any method permitted by applicable state law.
This is where many service disputes arise, especially in cases involving registered agents or affiliated entities.
Waiver of Service Under Rule 4(d)
Rule 4 allows plaintiffs to request a waiver of service, which can:
- Extend the defendant’s time to respond (usually to 60 days); and
- Reduce service costs.
Proof of Service Requirements
After service is completed, proof of service must be filed with the court. Typically, this is done through:
- An affidavit from the process server, or
- A signed waiver of service.
Always check your court’s local rules for specific details about their specific requirements.
Related Federal Deadlines to Track
Service under Rule 4 triggers or affects several other deadlines, including:
- Rule 12(b) Motion Deadlines
- Federal Answer Deadline
- Scheduling conference timelines
- Removal deadlines (in some cases)
Why Rule 4 Matters
Rule 4 is the procedural gateway to federal court jurisdiction over a defendant. Courts strictly enforce its requirements, and mistakes can be costly. Understanding Rule 4 helps ensure that cases start on solid procedural footing and that early motions are evaluated on the merits rather than dismissed on avoidable service errors.