The page is continued from Civil Rights Self-Help >>>> File a Complaint with the Court:

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     For this step – if filing a federal case – you will need the following forms:

1. Summons in a Civil Action – Form AO 440
2. Notice of a Lawsuit and Request to Waive Service of a Summons
3. Waiver of the Service of Summons – Form AO 399

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    At the same time you file the Complaint (or after), you may present a completed Summons form to the Clerk.  You will need one form per Defendant.  If the Summons are properly filled out, the Clerk must sign, seal, and then issue a copy of each signed and sealed Summons (or just one Summons if there is only one Defendant) back to the Plaintiff for use in serving the Defendant(s).  The court may permit a Summons to be amended, if needed. [1]

Summons Court Form:

Summons in a Civil Action– Form AO 440
(same form on UScourts.gov)

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Step 2 – Send the Defendant(s) a Notice of a Lawsuit form, two Waivers, and a self-addressed, stamped envelope via Certified Mail:

    On the Summons form, there is a PROOF OF SERVICE section on page 2 wherein the Person you select to Serve the Defendant must explain:

1.) Where they delivered the form.

2.) What their fee ($) for “travel expenses and cost for service” is.

    Because the Defendant has “a duty to avoid unnecessary expenses of serving the
Summons” (see Rule 4(d)(1)), in order to offer the Defendant the opportunity to avoid paying the service fee, the Plaintiff should send the following, via certified mail (ask your local USPS employee), to each Defendant:

1.) One signed copy of “Notice of a Lawsuit and Request to Waive Service of a Summons- Form ao398”.

2.) Two copies of “Waiver of the Service of Summons- Form ao399” (“Waiver”).

3.) One copy of the Complaint.

4.) One stamped, self-addressed envelope or other prepaid means.

     The Notice of a Lawsuit and Request to Waive Service of a Summons Form ao398 includes a section which informs the Defendant(s) that they may sign one copy of the Waiver, and then return it using the stamped, self-addressed envelope (or other means) in order to waive the cost of Service fee.  The Notice of a Lawsuit and Request to Waive Service of a Summons Form ao398 also explains to the defendant that the second copy of the Waiver is included as a receipt for their records.  When the Plaintiff files a Waiver, proof of service is no longer required and these rules apply as if a Summons and Complaint had been served at the time of filing the Waiver. (Rule 4(d) through (m) explain this section)

Forms Associated with Step 2:

If the Defendant returns the Waiver in a timely manner:

    The Defendant does not need to serve an Answer to the Complaint until 60 days after the forms were sent to them– or 90 days if the Defendant is outside any judicial district of the United States. (explained in Rule 4(d)(3))

If the Defendant does not return the Waiver in a timely manner, go to Step 3.

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c.) If Defendant does not return ‘Waiver’, Serve them the ‘Summons’

 

Next Rule:

Rule 4.1 – Serving Other Process

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(n) Asserting Jurisdiction Over Property or Assets.

(1) Federal Law. The court may assert jurisdiction over property if authorized by a federal statute. Notice to claimants of the property must be given as provided in the statute or by serving a summons under this rule.

(2) State Law. On a showing that personal jurisdiction over a defendant cannot be obtained in the district where the action is brought by reasonable efforts to serve a summons under this rule, the court may assert jurisdiction over the defendant’s assets found in the district.  Jurisdiction is acquired by seizing the assets under the circumstances and in the manner provided by state law in that district.

References:

All material utilized in accordance with Fair Use.

[1]: United States Courts, Federal Rules of Civil Procedure (2017):  www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure

[2]: (Rules 4(a) and 4(b) 

[2]: All definitions, unless otherwise indicated, from: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

Next Rule:

Rule 4.1- Serving Other Process

 

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