Rule 4.1– Serving Other Process

Federal Rules of Civil Procedure:
Title II 
– Commencing an Action; Service of Process; Pleadings, Motions, & Orders
Rule 4.1– Serving Other Process

    Continued from Rule 4 – Summons:

Unabridged Summary of Rule 4.1:

    Process— other than a summons (Rule 4) or a subpoena under subpoena (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, beyond those limits.  Proof of service must be made undeRule 4(l).

(b) Enforcing Orders: Committing for Civil Contempt.  An order committing a person for civil contempt of a decree or injunction issued to enforce federal law may be served and enforced in any district.  Any other order in a civil-contempt proceeding may be served only in the state where the issuing court is located or elsewhere in the United States within 100 miles from where the order was issued.

Definition of CIVIL CONTEMPT:
(1884) The failure to obey a court order that was issued for another party’s benefit.  A civil-contempt proceeding is a coercive or remedial in nature.  The usual sanction is to confine the contemnor until he or she complies with the court order.  The act (or failure to act) complained of must be within the defendant’s power to  perform, & the contempt order must state how the contempt may be purged.  Imprisonment for civil contempt is indefinite & for a term that lasts until the defendant complies with the decree.”
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Go to Rule 5- Serving & Filing Pleadings & Other Papers

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All Federal Rules of Civil Procedure

 

Transcript of Rule 4.1:

(a) In General. Process— other than a summons under Rule 4 or a subpoena under subpoana 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, beyond those limits.  Proof of service must be made undeRule 4(l).

(b) Enforcing Orders: Committing for Civil Contempt. An order committing a person for civil contempt of a decree or injunction issued to enforce federal law may be served and enforced in any district.  Any other order in a civil-contempt proceeding may be served only in the state where the issuing court is located or elsewhere in the United States within 100 miles from where the order was issued.

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