Local Rule Local Civil Rule 4: Service and Return of Summons – Abatement

LOCAL CIVIL RULE 4

SERVICE AND RETURN OF SUMMONS – ABATEMENT

(A) Service and Abatement: If service of a summons and complaint is sought other than under Fed. R. Civ. P. 4(d) but is not effected, the Marshal or other person responsible for effecting service shall return the summons and complaint to the Clerk with an endorsement thereon stating the reasons for failure to effect service.

All waivers of service obtained under Fed. R. Civ. P. 4(d) shall be filed within five (5) days after they are returned to plaintiff. Unless, within ninety (90) days after the complaint is filed, a defendant has been served, or has appeared or has waived service, the Clerk shall abate the action and dismiss it without prejudice as to such defendant(s) after having given, but received no response to, the notice required by Fed. R. Civ. P. 4(m).

Where the United States, its officers, corporations, or agencies are served by mail pursuant to Fed. R. Civ. P. 4(i)(1)(A), service shall be effective on the date of the postmark or on the date received if there is no postmark or it is illegible. The United States Attorney shall file a certificate reporting the postmark and receipt dates.

(B) Withholding Service: Requests by a party to withhold the service of a summons and complaint, or a third-party summons and complaint upon parties as to whom waiver of service provisions are inapplicable shall not be granted by the Clerk without leave of Court first obtained; provided, however, that a party may request the Clerk to withhold the issuance and service of an in rem process upon advising the Clerk that the property subject to arrest or attachment is not within the jurisdiction or that arrangements have been made for the acceptance of service.

(C) Civil Cover Sheet: The Clerk shall require a complete and executed AO Form JS 44(a), Civil Cover Sheet, to accompany each civil action filed except as to actions filed by prisoners and other litigants proceeding pro se.