(a) Service: When Required. (1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party: (A) an order stating that service is required; (B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants; (C) a discovery paper required to be served … Read More

(a) In General. Process—other than a summons under Rule 4 or a subpoena under Rule 45—must be served by a United States marshal or deputy marshal or by a person specially appointed for that purpose. It may be served anywhere within the territorial limits of the state where the district court is located and, if authorized by a federal statute, … Read More

(a) Contents; Amendments. (1) Contents. A summons must: (A) name the court and the parties; (B) be directed to the defendant; (C) state the name and address of the plaintiff’s attorney or—if unrepresented—of the plaintiff; (D) state the time within which the defendant must appear and defend; (E) notify the defendant that a failure to appear and defend will result … Read More

A civil action is commenced by filing a complaint with the court. (As amended Apr. 30, 2007, eff. Dec. 1, 2007.) NOTES 1937 Adoption Rule 5(e) defines what constitutes filing with the court. This rule governs the commencement of all actions, including those brought by or against the United States or an officer or agency thereof, regardless of whether service … Read More

There is one form of action—the civil action. (As amended Apr. 30, 2007, eff. Dec. 1, 2007.) NOTES 1937 Adoption This rule modifies U.S.C., Title 28, [former] §384 (Suits in equity, when not sustainable). U.S.C., Title 28, §§723 and 730 [see 2071 et seq.] (conferring power on the Supreme Court to make rules of practice in equity), are unaffected insofar … Read More

These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding. (As amended Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, … Read More