Civil procedure
Service of Process
Service of process is formally delivering the summons and complaint to a defendant so the lawsuit can proceed against them.
The rules are strict because the consequence is serious: a properly served defendant who ignores the case can lose by default. Service can be personal delivery, delivery to an authorized agent, or a method the state permits, and a plaintiff generally has ninety days after filing to get it done.
Defendants can waive formal service, and there is an incentive to do so. Waiving buys sixty days to respond instead of twenty-one, and a defendant who refuses without good cause can be made to pay the cost of serving them.
Service is also the moment the case becomes real for the defendant. Until then a lawsuit can sit on a docket for months with no response, and a run of extension motions early in a case usually means the plaintiff is still trying to find someone.
How it appears on a docket
SUMMONS RETURNED EXECUTED. Acme Logistics, Inc. served on 6/14/2023 via its registered agent. Answer due 7/5/2023.
Governing rule
Fed. R. Civ. P. 4
Related terms
- Summons — A summons is the court-issued document telling a defendant they have been sued and how long they have to respond.
- Default Judgment — A default judgment is a decision for the plaintiff entered because the defendant never responded to the lawsuit.
More on civil procedure
See this term in a real case
Search federal court records and read the filings where service of process actually shows up. New to federal dockets? Start with how to find a federal case.