Summons and Service of Process

When the summons and service of process is used

Timing: right after the complaint is filed. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m).
• If the plaintiff does not serve a defendant within 90 days after filing the complaint, the court must dismiss the action without prejudice against that defendant or order service within a specified time. If the plaintiff shows good cause, the court must extend the time (Rule 4(m)).
• Rule 4(c) and 4(e)–(j) set out who may serve and the permitted methods.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 4 online. Also, the federal judiciary publishes the current rules and recent amendments.

The summons and service of process in state court

This page covers the federal version. In state court, the summons and service of process may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Summons: a court-issued document that notifies a defendant of a lawsuit and the time to respond. It is served with the complaint.
• Service of process: formally delivering the summons and complaint to a defendant in a way the rules allow.

Related procedures

Similarly, these procedures often come up alongside it:

• Waiver of Service: a request asking the defendant to waive formal service of the summons, which saves the cost of service.
• Complaint: the pleading that starts a civil action. Under Rule 3, a civil action is commenced by filing a complaint with the court.
• Motion to Dismiss for Insufficient Service of Process: a motion challenging the way the summons and complaint were delivered.
• Proof of Service: a filing that shows the court how, when and on whom a document was served.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.