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What does service mean?
The plaintiff is responsible for notifying the defendant(s) that a complaint has been filed
against them in Federal Court. This process is called “service” or “serving the
defendant(s).” Each defendant must receive an issued summons (signed and sealed
by the Court) and a copy of the complaint.
A summons is an official notice from the Court notifying the defendant(s) they are being
sued. The summons also informs the defendant(s) that they must answer the complaint
in a certain amount of time.
If the complaint is not properly served on the defendant(s), the case may not proceed.
Rule 4 of the Federal Rules of Civil Procedure includes the requirements for serving the
complaint.
When must it be done?
Under Fed.R.Civ.P. 4, the complaint must be served 90 days from the date it was filed
with the court, on the defendant(s) in your case.
Who must be served?
All defendant(s) named in your complaint must be served. The clerk will only issue
summons for parties named as defendants in your complaint.
If you are suing the U.S. Government, its agencies or employees, Rule 4 of the Federal
Rules of Civil Procedure includes a list of additional parties that must be served.
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How can the complaint be served?
1. Personal Service
A person who is not a party to the case and is over the age of 18, can personally
deliver or serve the summons and complaint on the defendant(s).
2. By Mail
The summons and complaint can be served by sending them by certified mail
with restricted delivery and return receipt. A “green card” (PS Form 3811) will
be mailed to the plaintiff, to show proof of service. The “green card” or a copy,
must be filed with the Court.
3. Waiver of Service
By asking the defendant to waive formal service by sending them a Notice of
Lawsuit and Request to Waive Service of a Summons and a Waiver of the
Service of Summons. If the defendant waives service, they will return the
signed Waiver of the Service of Summons form to plaintiff.
4. Service by U.S. Marshal
If you request to have the payment of the filing fee waived by the Court and
1.) The filing fee is waived
and
2.) Your complaint is not subject to dismissal,
the Court will direct the U.S. Marshal to serve the defendant(s) with the summons
and complaint without prepayment of costs by you.
Although the filing fees may be waived, the U.S. Marshal may require that the costs
of serving the summons and complaint be paid by you.
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SERVING IT YOURSELF
You will be responsible for serving the summons and complaint if:
You paid the filing fee.
or
You requested the Court waive prepayment of the filing fee and have filed the
Plaintiff’s Notice Waiving Service by U.S. Marshal form with your complaint.
SERVICE BY THE U.S. MARSHAL
If you requested that the Court waive prepayment of the filing fee and the request
was granted, the Court will order that the United States Marshal serve your complaint.
Attachments/exhibits to the complaint must also be served.
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AFTER THE COMPLAINT HAS BEEN SERVED
It is the plaintiff’s responsibility to notify the Court that the defendant(s) have been
served with the complaint by filing a proof of service.
If the summons and complaint were served by Personal Service:
The person who serves the summons and complaint on the defendant must
complete the Return of Service section on the second page of the summons.
The plaintiff must file the Summons and Complaint Return of Service (2
nd
page of
summons form) with the Clerk’s Office.
If the summons and complaint were served by Certified Mail:
If U.S. Marshal or yourself, served the summons and complaint by certified mail, the
green certified return receipt card (PS Form 3811) will be returned for each defendant
that received the summons and complaint.
Complete the Proof of Service form and attach the return receipt card or a copy, to the
form and file it with the Clerk’s Office.
The defendant must respond to the complaint within 21 days after
receiving the summons and complaint or 60 days if it is the United States,
United States Agency, officer or employee, pursuant to Rule 12 of the
Federal Rules of Civil Procedure.
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SERVICE FORMS INSTRUCTIONS
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SUMMONS FORM INSTRUCTIONS
A summons is an official notice from the Court notifying the defendant they are being
sued. The summons also informs the defendant that they must answer the complaint in
a certain amount of time.
Three (3) copies of the summons for each defendant being sued must be completed
and submitted to the Court.
Use the example below as a guide to complete the summons form:
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USM 285 FORM INSTRUCTIONS
The USM 285 form is used to request service of the summons and complaint by the
U.S. Marshal Service. Use this form only if the Court has directed the U.S. Marshal
to serve your complaint.
2 copies of the USM 285 form for each defendant being sued must be submitted to
the Court.
The summons and complaint will be served by U.S. Postal Service Certified Mail.
The U.S. Marshal Service will return the receipt – “green card” (PS Form 3811) to the
plaintiff after service is complete.
The “green card” or a copy, must be filed with the Court. See instructions for Proof of
Service.
Use the example below as a guide to complete the USM 285 form:
Although the filing fees may be waived, the U.S. Marshal may require that the
costs of serving the summons and complaint be paid by the plaintiff.
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NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
and
WAIVER OF THE SERVICE OF SUMMONS FORM INSTRUCTIONS
The Notice of a Lawsuit and Request to Waive Service of a Summons is used to notify
the defendant(s) they are being sued. It also requests that the defendant(s) waive
formal service of the summons and complaint.
If the defendant waives service, they will return the signed Waiver of the Service of
Summons form to plaintiff. The defendant must file a response to the complaint within
60 days from the date the notice was sent.
If the defendant does not return a signed waiver, the plaintiff must formally serve the
summons and complaint.
Step by Step Instructions:
1. Complete the Notice of a Lawsuit and Request to Waive Service of a
Summons form.
2. Complete the Waiver of the Service of Summons form.
3. Send to the defendant by regular mail or other reliable means:
• 1 copy of the Notice and Complaint
• 2 copies of the Waiver
4. Stamped, self-addressed envelope.
5. If the defendant agrees to waive service, they will return the signed
waiver to plaintiff in the provided envelope. The plaintiff must file a
copy of the signed waiver with the Court.
The Notice of a Lawsuit and Request cannot be used if suing the United States
(its agencies, corporations, or officers) or a state, local or foreign government.
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Use the example below as a guide to complete the Notice of a Lawsuit and
Request to Waive Service of a Summons and Waiver of the Service of Summons
forms.
Waiver of the Service of Summons
(Send 2 copies to the defendant)
Notice of a Lawsuit and
Request to Waive Service of a Summons
JANE SMITH
456 LINCOLN
DETROIT, MI 48226
Don’t forget to include a
Stamped, Self-Addressed Envelope
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PLAINTIFF’S NOTICE WAIVING SERVICE BY U.S. MARSHAL FORM INSTRUCTIONS
The Plaintiff’s Notice Waiving Service by U.S. Marshal form is used if you:
1. Have asked to have the filing fee waived and;
2. Do not want the U.S. Marshal to serve the defendant(s) with the summons
and complaint and you want to serve the defendant(s) yourself.
If the Court waives the prepayment of the filing fee, you will be responsible for serving the
summons and complaint on the defendant(s).
Use the example below as guide to complete the Plaintiff’s Notice Waiving Service
by U.S. Marshal form.
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PROOF OF SERVICE FORM INSTRUCTIONS
A Proof of Service is a document filed with the Court to show that the summons and
complaint were successfully served on the defendant in a lawsuit.
After the U.S. Marshal Service serves the summons and complaint, a return receipt,
“green card” (PS Form 3811), will be mailed to the plaintiff, to show proof of service.
The “green card” or a copy, must be filed with the Court.
Use the example below as a guide to complete the Proof of Service form:
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