The Federal Rules of Civil Procedure (FRCP) are a set of rules established and upheld in the U.S. by the Supreme Court and pertain to all proceedings and civil actions in the U.S. District Courts. The FRCP was first established in 1938, and since then, several revisions have taken place over the years, with the most recent update this year.
These rules do not apply to criminal cases because they have their own set of rules, and as such, these are the rules that civil process servers will encounter if they are dealing with a federal case. Although many process servers are familiar with the legal system and the language that appears in legal documents, we wanted to provide a simplistic breakdown of the rules and how they apply to civil process servers.
Most of the time, process servers deal with serving papers that were filed in state courts, and in those cases the rules of that state would apply. However, there are some instances in which the U.S. District Courts have jurisdiction, and in those cases, it is necessary to follow the FRCP. Rule 4 of the FRCP explains jurisdiction. Jurisdiction is determined once the personal jurisdiction and subject matter jurisdiction are resolved.
Personal jurisdiction prevents plaintiffs from filing in a state where the defendant is at a direct disadvantage. To establish personal jurisdiction, there must be one of the following:
Essentially, subject matter jurisdiction determines whether or not the court in question is capable of handling and determining the outcome of the case. Federal courts (and the rules that govern them) are quite limited as opposed to state courts. Here are instances in which the federal court would have jurisdiction (and as such, where the FRCP would apply):
In situations where the state rules are called into question, the courts typically use the FRCP. It is also worth noting that 35 states have adopted the FRCP (or variations thereof) as their own.
The rules contained within the FRCP can be a bit tricky to interpret, especially if you don’t have the time to give them a close, analytical reading. We’re going to give you an overview of the rules that directly apply to process servers to give you a hopefully give you a better understanding of what’s included in the FRCP.
This section is dedicated to Title 2 of the FRCP, which deals with Rules 3-6. These are the rules that are most pertinent for process servers. Both Rules 4 and 5 directly address service of process.
Essentially, this rule addresses how an action begins, which is with the filing of a complaint. This is followed by the issuance of a summons and subsequent deliver by a process server.
The summons, which is directed to the defendant, must name the court and the parties, including the name and addresses of the plaintiff or plaintiff’s attorney. It must also include a time by which the defendant must appear in court and explain that if the defendant fails to appear that a default judgement would be made. The summons needs to be signed by the clerk and bear the court’s seal. The court may permit an amendment of a summons if deemed necessary.
This subsection deals with what papers must be provided to defendants, as well as how the documents should be delivered and by whom. The summons or copy of the summons must be provided to the defendant(s) with enough time for the defendant, as outlined in Rule 4. It should also be accompanied by the complaint.
The subsection Issuance also defines who can serve the summons and complaint. According to the rule, any person who is at least 18 years old and not a party to the case may serve process. It is worth noting that the plaintiff can request a United States marshal, deputy marshal, or a person who is specially appointed by the court.
It is also worth noting that a defendant can waive service of process, if it is requested by the plaintiff. This request must come in writing, and include all of the details that would have been included in documents served. This written request must also be sent by first class mail. If a defendant fails to waive service without good cause after a request has been made, the court can impose expenses unto the defendant.
This subsection also defines how service can be effectuated within the U.S. There are special rules for serving someone in a foreign country or for serving a U.S. federal agent, corporation, officers, or employers, which are also outlined in this Rule. According to the rule, for everyone else, state laws for service of process must be followed or by doing any of the following:
This section also covers service of process. Much of the information is duplicated from Rule 4, but Rule 5 goes into more specific detail about the documents served and all the options available for service.
Rule 5 outlines that unless provided otherwise, each part must be served with the following documents:
Although briefly outlined in Rule 4, Rule 5 outlines in detail how to handle service on an individual, when service must be made on an attorney, or if there are multiple defendants.
Essentially, if a party has an attorney, that is the person who must be served unless the court specifically requires service to the individual.
Similar to what was outlined in Rule 4, Rule 5 reiterates the acceptable methods of service from Rule 4 and provides additional detail.
A paper is deemed serve under this rule by:
The court determines how this is handled. Typically, a copy of every order must be served on the parties as the court directs.
In general, if there is an unusually large number of defendants, the court may order that a defendant’s pleadings and replies need not be served on the additional defendants. The court may also treat crossclaim, counterclaim, avoidance, or affirmative defense as denied or avoided. Similarly, the court may determine that filing any such pleading and serving it on the plaintiff constitutes notice of pleading to all parties.
The FRCP outlines specific rules for how any paper after the complaint, including the certificate of service, must be filed.
A paper is filed when it is delivered to the clerk (who cannot refuse it), to a judge who agrees to accept it for filing (the judge must also note the filing date on the paper and promptly send it to the clerk), or by electronic filing, signing or verification. If it is filed electronically, it must be consistent with the technical standards established by the Judicial Conference of the United States.
Although this section is most appropriate for the attorneys and legal staff preparing court documents, process servers should also be aware of the redaction requirements with regard to privacy, especially if they also provide filing service. Additionally, it is possible for a an individual to waive these protections.
Unless otherwise specified or ordered by the court, Social Security numbers, Tax ID numbers, DOB, name of minors, or financial account numbers must be redacted to include only the following:
There are some exemptions where redaction does not apply:
And there you have it! While the FRCP is far more extensive than this, we have included what we feel is most pertinent for process servers. Please note that this overview is not meant to be exhaustive or an official representation of the FRCP. For the complete FRCP rules, you can check out the below publication.
If you're having trouble viewing the document, you can view the PDF separately here: Federal Rules of Civil Procedure.
