Local Rule LR 4.01: SUMMONS AND SERVICE OF PROCESS
M.D. Tenn. — Civil rule
LR 4.01 – SUMMONS AND SERVICE OF PROCESS
(a) Preparation of Summons. With the filing of the complaint, third-party complaint, or any other pleading that requires the issuance of a summons, the filing party must prepare and file as an attachment a completed summons conforming to Fed. R. Civ. P. 4.
(b) Issuance of Summons. Summons will be issued electronically by the Clerk's Office unless otherwise requested by counsel when filing the case-initiating documents in CM/ECF. Counsel will be responsible for printing and serving electronic summons upon issuance.
(c) Pro Se Cases. In all cases in which the plaintiff is proceeding both pro se and in forma pauperis, the Clerk shall provide the plaintiff with blank summons and accompanying instructions for completion of the summons. Upon return of the completed summons by the plaintiff, the Clerk shall issue process for service by the United States Marshals Service.
(d) Service of Process.
(1) Service of Case-Initiating Documents. Case-initiating documents, such as a complaint and summons in a civil case, must be served in accordance with Fed. R. Civ. P. 4 and not via CM/ECF.
(2) Service by the United States Marshals Service. The United States Marshal will not serve a summons or other civil process unless required by these Rules, the Federal Rules of Civil Procedure, or order of the Court. Under appropriate circumstances when serving process, the Marshal may do so by certified or registered mail, in accordance with Rule 4.04(10) and (11) of the Tennessee Rules of Civil Procedure, as incorporated into Fed. R. Civ. P. 4(e)(1). The Marshal shall attach to the return on such process the return receipt from the Postal Service.
(3) Service of Initial Documents in Social Security Actions. Pleadings in an action for review on the record of a final decision of the Commissioner of Social Security that present only an individual claim will be served upon the Commissioner by the Court pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. §405(g).