Thursday, December 14, 2017

LR 4.1: Issuance and Service of Process

(a) Issuance of process. A party requesting the issuance of any process or who initiates a proceeding in which the issuance of process is required by statute, rule, or order must prepare all required forms. Where necessary, the party must present the process to the Clerk for signature and sealing.

(b) Service of Process. Subject to subsection (c) of this rule, unless the plaintiff requests otherwise, the Clerk must arrange for service of the summons and complaint by the United States Marshal for a plaintiff authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. A request for that assistance is not necessary.

(c) Represented parties. If an attorney represents a plaintiff authorized to proceed in forma pauperis under 28 U.S.C. § 1915, or as a seaman under 28 U.S.C. § 1916, that attorney is deemed specially appointed by the Court and must arrange for service of the summons and complaint.

Comment: This rule implements Federal Rule of Civil Procedure 4(c)(3). When a plaintiff who qualifies for pauper status is represented by an attorney, the attorney must arrange for service of process, but may seek assistance for service from the United States Marshal at government expense.

November 1, 2017