Local Rule Civil Rule 4.1: Service

Civil Rule 4.1 Service a. Service of Process. Service of process, i.e., service of the summons and complaint, must be performed in accordance with Rule 4, Fed. R. Civ. P. All complaints must be served within ninety (90) days. Any extension will be granted only upon good cause shown. b. Failure to Serve. On the one hundredth (100th) day following the filing of the complaint, or on the fourteenth (14th) day following an extension of time to serve, if proof of service has not yet been filed, the Clerk will prepare an order to show cause with notice to plaintiff why the case should not be dismissed without prejudice and submit it to the assigned district judge for signature. c. Instructions to Marshal. Where service of a summons and pleading is to be made by United States marshal upon a person or entity, the party at whose request the summons is issued is responsible for providing the United States marshal's office with appropriate instructions regarding the person upon whom service is to be made, in what capacity the service is to be made (official or individual), and at what address service is to be made. Failure to comply with these instructions may cause the marshal not to perform service. d. Service of Pleadings Other than Original Complaint. Service of an amended complaint, counterclaim, cross-claim, or third-party complaint, must be made upon each new party to the litigation, whether or not multiple parties are represented by a single attorney. Service of all other pleadings authorized to be served in accordance with Rule 5, Fed. R. Civ. P., must be complete when served upon the attorney for a party, if the party is represented by an attorney. Where an attorney represents multiple parties, service of one copy of a pleading, other than an amended complaint, an amended counterclaim, or an amended third-party complaint, will constitute service of all parties represented by that attorney, unless the Court otherwise orders. The summons must be prepared by the attorney, or the party, if the party is proceeding pro se, upon forms supplied by the Clerk, and must be presented concurrently with the filing of a complaint or petition commencing the action.