Public Law 97–462

Rule 4(a) of such Rules is amended by striking out “it for service to the marshal or to any other person authorized by Rule 4(c) to serve it” and inserting in lieu thereof “the summons to the plaintiff or the plaintiffs attorney, who shall be responsible for prompt service of the summons and a copy of the complaint”.

Subsection (c) of Rule 4 of such Rules is amended to read as follows:

“(c)“(c)

Service.

“(1)“(1)

Process, other than a subpoena or a summons and complaint, shall be served by a United States marshal or deputy United States marshal, or by a person specially appointed for that purpose.

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“(2)“(2)

(A)(A)

A summons and complaint shall, except as provided in subparagraphs (B) and (O of this paragraph, be served by any person who is not a party and is not less than 18 years of age.

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“(B)“(B)

A summons and complaint shall, at the request of the party seeking service or such party’s attorney, be served by a United States marshal or deputy United States marshal, or by a person specially appointed by the court for that purpose, only—

“(i)“(i)

on behalf of a party authorized to proceed in forma pauperis pursuant to Title 28, U.S.C. § 1915, or of a seaman authorized to proceed under Title 28, U.S.C. § 1916,

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“(ii)“(ii)

on behalf of the United States or an officer or agency of the United States, or

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“(iii)“(iii)

pursuant to an order issued by the court stating that a United States marshal or deputy United States marshal, or a person specially appointed for that purpose, is required to serve the summons and complaint in order that service be properly effected in that particular action.

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“(C)“(C)

A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (3) of subdivision (d) of this rule—

“(i)“(i)

pursuant to the law of the State in which the district court is held for the service of summons or other like process upon such defendant in an action brought in the courts of general jurisdiction of that State, or

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“(ii)“(ii)

by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment conforming substantially to form 18–A and a return envelope, postage prepaid, addressed to the sender. If no acknowledgment of service under this subdivision of this rule is received by the sender within 20 days after the date of mailing, service of such summons and complaint shall be made under subparagraph (A) or (B) of this paragraph in the manner prescribed by subdivision (d)(1) or “(D) Unless good cause is shown for not doing so the court shall order the payment of the costs of personal service by the person served if such person does not complete and return within 20 days after mailing, the notice and acknowledgment of receipt of summons.

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“(E)“(E)

The notice and acknowledgment of receipt of summons and complaint shall be executed under oath or affirmation.

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“(3)“(3)

The court shall freely make special appointments to serve summonses and complaints under paragraph (2)(B) of this subdivision of this rule and all other process under paragraph (1) of this subdivision of this rule.”.

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Rule 4(d) of such Rules is amended—

Rule 4(d)(5) of such Rules is amended—

Rule 4(e) of such Rules is amended by striking out “Same” and inserting “Summons” in lieu thereof.

Subdivision (g) of Rule 4 of such Rules is amended to read as follows:

“(g)“(g)

Return.

The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process. If service is made by a person other than a United States marshal or deputy United States marshal, such person shall make affidavit thereof. If service is made under subdivision (c)(2)(C)(ii) of this rule, return shall be made by the sender’s filing with the court the acknowledgment received pursuant to such subdivision. Failure to make proof of service does not affect the validity of the service.”.

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Rule 4 of such Rules is amended by adding at the end the following:

“(j)“(j)

Summons: Time Limit for Service.

If a service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court’s own initiative with notice to such party or upon motion. This subdivision shall not apply to service in a foreign country pursuant to subdivision (i) of this rule.”.

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