Local Rule LR4.1: Service of Process
E.D. Tenn. — Civil rule
LR4.1 Service of Process
(a) Preparation of Summons. Any attorney filing a complaint or any other pleading that requires the issuance of a summons shall prepare and submit the summons using Form AO 440 to the Clerk. Upon approval, the Clerk shall issue the summons in accordance with Rules 4 and 4.1 of the Federal Rules of Civil Procedure.
(b) Preparation of Subpoenas for Witnesses. The United States Marshal will not serve subpoenas for witnesses in civil cases unless required to do so by these rules, Federal Rules of Civil Procedure 45, or by order of the Court. When an attorney delivers subpoenas for witnesses in civil cases to another individual for service, he or she should do so in accordance with the Federal Rules of Civil Procedure, at least 10 days prior to trial, and should advance any funds that may be required. If the foregoing requirements have not been complied with, no motion for continuance for failure of a witness to appear shall be granted except upon a showing of extenuating circumstances.
In criminal cases, the United States Attorney shall endeavor to deliver subpoenas for witnesses to the United States Marshal 10 days prior to trial.