SERVICE OF PROCESS

Was the defendant properly served

notice/process/summons?

Was a waiver of summons obtained
from the defendantFRCP 4(d)?
Did the defendant waive its FRCP
12(b)(4) (insufficient of process) or
FRCP 12(b)(5) (insufficient of
service of process) defenses?

Must follow the provisions of FRCP 4(e) or (h) to serve
an individual or corporation in the US.

Individual Corporation
Personally serve the
defendant.

Leave summons and
complaint at
defendants usual place
of dwelling and abode
with someone of
suitable age and
discretion who resides
therein.

Serve the individuals
authorized agent.

Serve the individual via
any method approved
in the state where the
federal court sits.
Delivering a copy of
the summons and
complaint to an
officer or managing or
general agent or other
agent authorized to
accept service on
behalf of the
corporation

Serve the corporation
via any method
approved in the state
where the federal
court sits.


Must follow the process under FRCP
4(d); send Forms 5 & 6 via first-class
mail to defendant with self-addressed
stamped return envelope, and request
the defendant to waive the requirement
it be served a summons.

Must give defendant a reasonable time
to respond to the request to waive the
summonsat least 30 days from date
the request was sent.

If defendant returns signed Form 6,
then the defendant gets 60 days from
the date the request to waive was sent
to respond to the complaint.

If defendant does not waive summons,
then plaintiff must formally serve the
defendant (may then ask court for costs
to serve defendant)


When a defendant is served
process/notice/summons, the
defendant has 21 days to respond
to the complaint.

If a defendant wants to assert any
defense regarding service of
processFRCP 12(b)(4)
(insufficiency of process) or FRCP
12(b)(5)(insufficiency of service
of process)such defense(s)
MUST be asserted in the
defendants FIRST RESPONSE to
the complaintwhether that is a
pre-answer motion or an answer
(or an answer amended once as
a matter of course).

Failure to assert these defenses in
the defendants first response
constitutes waiver of these
defenses. FRCP 12(h).