Rule 1.

Scope and Purpose

These rules govern the procedure in all civil actions and proceedings in the United States
district courts, except as stated in Rule 81. They should be construed and administered to
secure the just, speedy, and inexpensive determination of every action and proceeding.
Rule 2. One Form of Action
There is one form of action--the civil action.
Rule 3. Commencing an Action
A civil action is commenced by filing a complaint with the court.
Rule 4. Summons
(a) Contents; Amendments.
(1) Contents. A summons must:
(A) name the court and the parties;
(B) be directed to the defendant;
(C) state the name and address of the plaintiff's attorney or--if unrepresented--of the
plaintiff;
(D) state the time within which the defendant must appear and defend;
(E) notify the defendant that a failure to appear and defend will result in a default
judgment against the defendant for the relief demanded in the complaint;
(F) be signed by the clerk; and
(G) bear the court's seal.
(2) Amendments. The court may permit a summons to be amended.
(b) Issuance. On or after filing the complaint, the plaintiff may present a summons to the
clerk for signature and seal. If the summons is properly completed, the clerk must sign,
seal, and issue it to the plaintiff for service on the defendant. A summons--or a copy of a
summons that is addressed to multiple defendants--must be issued for each defendant to be
served.
(c) Service.
(1) In General. A summons must be served with a copy of the complaint. The plaintiff is
responsible for having the summons and complaint served within the time allowed by Rule
4(m) and must furnish the necessary copies to the person who makes service.
(2) By Whom. Any person who is at least 18 years old and not a party may serve a
summons and complaint.
(3) By a Marshal or Someone Specially Appointed. At the plaintiff's request, the court may
order that service be made by a United States marshal or deputy marshal or by a person
specially appointed by the court. The court must so order if the plaintiff is authorized to
proceed in forma pauperis under 28 U.S.C. 1915 or as a seaman under 28 U.S.C. 1916.
(d) Waiving Service.
(1) Requesting a Waiver. An individual, corporation, or association that is subject to
service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the
summons. The plaintiff may notify such a defendant that an action has been commenced
and request that the defendant waive service of a summons. The notice and request must:
(A) be in writing and be addressed:
(i) to the individual defendant; or
(ii) for a defendant subject to service under Rule 4(h), to an officer, a managing or
general agent, or any other agent authorized by appointment or by law to receive service of
process;
(B) name the court where the complaint was filed;
(C) be accompanied by a copy of the complaint, two copies of a waiver form, and a
prepaid means for returning the form;
(D) inform the defendant, using text prescribed in Form 5, of the consequences of
waiving and not waiving service;
(E) state the date when the request is sent;
(F) give the defendant a reasonable time of at least 30 days after the request was
sent--or at least 60 days if sent to the defendant outside any judicial district of the United
States--to return the waiver; and
(G) be sent by first-class mail or other reliable means.
(2) Failure to Waive. If a defendant located within the United States fails, without good
cause, to sign and return a waiver requested by a plaintiff located within the United States,
the court must impose on the defendant:
(A) the expenses later incurred in making service; and
(B) the reasonable expenses, including attorney's fees, of any motion required to collect

those service expenses.

(3) Time to Answer After a Waiver. A defendant who, before being served with process,
timely returns a waiver need not serve an answer to the complaint until 60 days after the
request was sent--or until 90 days after it was sent to the defendant outside any judicial
district of the United States.
(4) Results of Filing a Waiver. When the plaintiff files a waiver, proof of service is not
required and these rules apply as if a summons and complaint had been served at the time
of filing the waiver.
(5) Jurisdiction and Venue Not Waived. Waiving service of a summons does not waive any
objection to personal jurisdiction or to venue.
(e) Serving an Individual Within a Judicial District of the United States. Unless federal law
provides otherwise, an individual--other than a minor, an incompetent person, or a person
whose waiver has been filed--may be served in a judicial district of the United States by:
(1) following state law for serving a summons in an action brought in courts of general
jurisdiction in the state where the district court is located or where service is made; or
(2) doing any of the following:
(A) delivering a copy of the summons and of the complaint to the individual personally;
(B) leaving a copy of each at the individual's dwelling or usual place of abode with
someone of suitable age and discretion who resides there; or
(C) delivering a copy of each to an agent authorized by appointment or by law to
receive service of process.
(f) Serving an Individual in a Foreign Country. Unless federal law provides otherwise, an
individual--other than a minor, an incompetent person, or a person whose waiver has been
filed--may be served at a place not within any judicial district of the United States:
(1) by any internationally agreed means of service that is reasonably calculated to give
notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial
and Extrajudicial Documents;
(2) if there is no internationally agreed means, or if an international agreement allows but
does not specify other means, by a method that is reasonably calculated to give notice:
(A) as prescribed by the foreign country's law for service in that country in an action in
its courts of general jurisdiction;
(B) as the foreign authority directs in response to a letter rogatory or letter of request;
or
(C) unless prohibited by the foreign country's law, by:
(i) delivering a copy of the summons and of the complaint to the individual
personally; or
(ii) using any form of mail that the clerk addresses and sends to the individual and
that requires a signed receipt; or
(3) by other means not prohibited by international agreement, as the court orders.
(g) Serving a Minor or an Incompetent Person. A minor or an incompetent person in a
judicial district of the United States must be served by following state law for serving a
summons or like process on such a defendant in an action brought in the courts of general
jurisdiction of the state where service is made. A minor or an incompetent person who is not
within any judicial district of the United States must be served in the manner prescribed by
Rule 4(f)(2)(A), (f)(2)(B), or (f)(3).
(h) Serving a Corporation, Partnership, or Association. Unless federal law provides otherwise
or the defendant's waiver has been filed, a domestic or foreign corporation, or a partnership
or other unincorporated association that is subject to suit under a common name, must be
served:
(1) in a judicial district of the United States:
(A) in the manner prescribed by Rule 4(e)(1) for serving an individual; or
(B) by delivering a copy of the summons and of the complaint to an officer, a managing
or general agent, or any other agent authorized by appointment or by law to receive service
of process and--if the agent is one authorized by statute and the statute so requires--by
also mailing a copy of each to the defendant; or
(2) at a place not within any judicial district of the United States, in any manner
prescribed by Rule 4(f) for serving an individual, except personal delivery under (f)(2)(C)(i).
(i) Serving the United States and Its Agencies, Corporations, Officers, or Employees.
(1) United States. To serve the United States, a party must:
(A)
(i) deliver a copy of the summons and of the complaint to the United States attorney
for the district where the action is brought--or to an assistant United States attorney or
clerical employee whom the United States attorney designates in a writing filed with the
court clerk--or
(ii) send a copy of each by registered or certified mail to the civil-process clerk at the
United States attorney's office;

(B) send a copy of each by registered or certified mail to the Attorney General of the
United States at Washington, D.C.; and
(C) if the action challenges an order of a nonparty agency or officer of the United
States, send a copy of each by registered or certified mail to the agency or officer.
(2) Agency; Corporation; Officer or Employee Sued in an Official Capacity. To serve a
United States agency or corporation, or a United States officer or employee sued only in an
official capacity, a party must serve the United States and also send a copy of the summons
and of the complaint by registered or certified mail to the agency, corporation, officer, or
employee.
(3) Officer or Employee Sued Individually. To serve a United States officer or employee
sued in an individual capacity for an act or omission occurring in connection with duties
performed on the United States' behalf (whether or not the officer or employee is also sued
in an official capacity), a party must serve the United States and also serve the officer or
employee under Rule 4(e), (f), or (g).
(4) Extending Time. The court must allow a party a reasonable time to cure its failure to:
(A) serve a person required to be served under Rule 4(i)(2), if the party has served
either the United States attorney or the Attorney General of the United States; or
(B) serve the United States under Rule 4(i)(3), if the party has served the United States
officer or employee.
(j) Serving a Foreign, State, or Local Government.
(1) Foreign State. A foreign state or its political subdivision, agency, or instrumentality
must be served in accordance with 28 U.S.C. 1608.
(2) State or Local Government. A state, a municipal corporation, or any other statecreated governmental organization that is subject to suit must be served by:
(A) delivering a copy of the summons and of the complaint to its chief executive officer;
or
(B) serving a copy of each in the manner prescribed by that state's law for serving a
summons or like process on such a defendant.
(k) Territorial Limits of Effective Service.
(1) In General. Serving a summons or filing a waiver of service establishes personal
jurisdiction over a defendant:
(A) who is subject to the jurisdiction of a court of general jurisdiction in the state where
the district court is located;
(B) who is a party joined under Rule 14 or 19 and is served within a judicial district of
the United States and not more than 100 miles from where the summons was issued; or
(C) when authorized by a federal statute.
(2) Federal Claim Outside State-Court Jurisdiction. For a claim that arises under federal
law, serving a summons or filing a waiver of service establishes personal jurisdiction over a
defendant if:
(A) the defendant is not subject to jurisdiction in any state's courts of general
jurisdiction; and
(B) exercising jurisdiction is consistent with the United States Constitution and laws.
(l) Proving Service.
(1) Affidavit Required. Unless service is waived, proof of service must be made to the
court. Except for service by a United States marshal or deputy marshal, proof must be by
the server's affidavit.
(2) Service Outside the United States. Service not within any judicial district of the United
States must be proved as follows:
(A) if made under Rule 4(f)(1), as provided in the applicable treaty or convention; or
(B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed by the addressee, or by
other evidence satisfying the court that the summons and complaint were delivered to the
addressee.
(3) Validity of Service; Amending Proof. Failure to prove service does not affect the
validity of service. The court may permit proof of service to be amended.
(m) Time Limit for Service. If a defendant is not served within 120 days after the complaint
is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the
action without prejudice against that defendant or order that service be made within a
specified time. But if the plaintiff shows good cause for the failure, the court must extend
the time for service for an appropriate period. This subdivision (m) does not apply to service
in a foreign country under Rule 4(f) or 4(j)(1).
(n) Asserting Jurisdiction over Property or Assets.
(1) Federal Law. The court may assert jurisdiction over property if authorized by a federal
statute. Notice to claimants of the property must be given as provided in the statute or by
serving a summons under this rule.
(2) State Law. On a showing that personal jurisdiction over a defendant cannot be
obtained in the district where the action is brought by reasonable efforts to serve a

summons under this rule, the court may assert jurisdiction over the defendant's assets
found in the district. Jurisdiction is acquired by seizing the assets under the circumstances
and in the manner provided by state law in that district.
Rule 4.1. Serving Other Process
(a) In General. Process--other than a summons under Rule 4 or a subpoena under Rule 45-must be served by a United States marshal or deputy marshal or by a person specially
appointed for that purpose. It may be served anywhere within the territorial limits of the
state where the district court is located and, if authorized by a federal statute, beyond those
limits. Proof of service must be made under Rule 4(l).
(b) Enforcing Orders: Committing for Civil Contempt. An order committing a person for civil
contempt of a decree or injunction issued to enforce federal law may be served and
enforced in any district. Any other order in a civil-contempt proceeding may be served only
in the state where the issuing court is located or elsewhere in the United States within 100
miles from where the order was issued.
Rule 5. Serving and Filing Pleadings and Other Papers
(a) Service: When Required.
(1) In General. Unless these rules provide otherwise, each of the following papers must be
served on every party:
(A) an order stating that service is required;
(B) a pleading filed after the original complaint, unless the court orders otherwise under
Rule 5(c) because there are numerous defendants;
(C) a discovery paper required to be served on a party, unless the court orders
otherwise;
(D) a written motion, except one that may be heard ex parte; and
(E) a written notice, appearance, demand, or offer of judgment, or any similar paper.
(2) If a Party Fails to Appear. No service is required on a party who is in default for failing
to appear. But a pleading that asserts a new claim for relief against such a party must be
served on that party under Rule 4.
(3) Seizing Property. If an action is begun by seizing property and no person is or need be
named as a defendant, any service required before the filing of an appearance, answer, or
claim must be made on the person who had custody or possession of the property when it
was seized.
(b) Service: How Made.
(1) Serving an Attorney. If a party is represented by an attorney, service under this rule
must be made on the attorney unless the court orders service on the party.
(2) Service in General. A paper is served under this rule by:
(A) handing it to the person;
(B) leaving it:
(i) at the person's office with a clerk or other person in charge or, if no one is in
charge, in a conspicuous place in the office; or
(ii) if the person has no office or the office is closed, at the person's dwelling or usual
place of abode with someone of suitable age and discretion who resides there;
(C) mailing it to the person's last known address--in which event service is complete
upon mailing;
(D) leaving it with the court clerk if the person has no known address;
(E) sending it by electronic means if the person consented in writing--in which event
service is complete upon transmission, but is not effective if the serving party learns that it
did not reach the person to be served; or
(F) delivering it by any other means that the person consented to in writing--in which
event service is complete when the person making service delivers it to the agency
designated to make delivery.
(3) Using Court Facilities. If a local rule so authorizes, a party may use the court's
transmission facilities to make service under Rule 5(b)(2)(E).
(c) Serving Numerous Defendants.
(1) In General. If an action involves an unusually large number of defendants, the court
may, on motion or on its own, order that:
(A) defendants' pleadings and replies to them need not be served on other defendants;
(B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings
and replies to them will be treated as denied or avoided by all other parties; and
(C) filing any such pleading and serving it on the plaintiff constitutes notice of the
pleading to all parties.
(2) Notifying Parties. A copy of every such order must be served on the parties as the
court directs.

(d) Filing.
(1) Required Filings; Certificate of Service. Any paper after the complaint that is required
to be served--together with a certificate of service--must be filed within a reasonable time
after service. But disclosures under Rule 26(a)(1) or (2) and the following discovery
requests and responses must not be filed until they are used in the proceeding or the court
orders filing: depositions, interrogatories, requests for documents or tangible things or to
permit entry onto land, and requests for admission.
(2) How Filing Is Made--In General. A paper is filed by delivering it:
(A) to the clerk; or
(B) to a judge who agrees to accept it for filing, and who must then note the filing date
on the paper and promptly send it to the clerk.
(3) Electronic Filing, Signing, or Verification. A court may, by local rule, allow papers to be
filed, signed, or verified by electronic means that are consistent with any technical
standards established by the Judicial Conference of the United States. A local rule may
require electronic filing only if reasonable exceptions are allowed. A paper filed electronically
in compliance with a local rule is a written paper for purposes of these rules.
(4) Acceptance by the Clerk. The clerk must not refuse to file a paper solely because it is
not in the form prescribed by these rules or by a local rule or practice.
Rule 5.1. Constitutional Challenge to a Statute--Notice, Certification, and Intervention
(a) Notice by a Party. A party that files a pleading, written motion, or other paper drawing
into question the constitutionality of a federal or state statute must promptly:
(1) file a notice of constitutional question stating the question and identifying the paper
that raises it, if:
(A) a federal statute is questioned and the parties do not include the United States, one
of its agencies, or one of its officers or employees in an official capacity; or
(B) a state statute is questioned and the parties do not include the state, one of its
agencies, or one of its officers or employees in an official capacity; and
(2) serve the notice and paper on the Attorney General of the United States if a federal
statute is questioned--or on the state attorney general if a state statute is questioned-either by certified or registered mail or by sending it to an electronic address designated by
the attorney general for this purpose.
(b) Certification by the Court. The court must, under 28 U.S.C. 2403, certify to the
appropriate attorney general that a statute has been questioned.
(c) Intervention; Final Decision on the Merits. Unless the court sets a later time, the
attorney general may intervene within 60 days after the notice is filed or after the court
certifies the challenge, whichever is earlier. Before the time to intervene expires, the court
may reject the constitutional challenge, but may not enter a final judgment holding the
statute unconstitutional.
(d) No Forfeiture. A party's failure to file and serve the notice, or the court's failure to
certify, does not forfeit a constitutional claim or defense that is otherwise timely asserted.
Rule 5.2. Privacy Protection For Filings Made with the Court
(a) Redacted Filings. Unless the court orders otherwise, in an electronic or paper filing with
the court that contains an individual's social-security number, taxpayer-identification
number, or birth date, the name of an individual known to be a minor, or a financial-account
number, a party or nonparty making the filing may include only:
(1) the last four digits of the social-security number and taxpayer-identification number;
(2) the year of the individual's birth;
(3) the minor's initials; and
(4) the last four digits of the financial-account number.
(b) Exemptions from the Redaction Requirement. The redaction requirement does not apply
to the following:
(1) a financial-account number that identifies the property allegedly subject to forfeiture
in a forfeiture proceeding;
(2) the record of an administrative or agency proceeding;
(3) the official record of a state-court proceeding;
(4) the record of a court or tribunal, if that record was not subject to the redaction
requirement when originally filed;
(5) a filing covered by Rule 5.2(c) or (d); and
(6) a pro se filing in an action brought under 28 U.S.C. 2241, 2254, or 2255.
(c) Limitations on Remote Access to Electronic Files; Social-Security Appeals and
Immigration Cases. Unless the court orders otherwise, in an action for benefits under the
Social Security Act, and in an action or proceeding relating to an order of removal, to relief

from removal, or to immigration benefits or detention, access to an electronic file is

authorized as follows:
(1) the parties and their attorneys may have remote electronic access to any part of the
case file, including the administrative record;
(2) any other person may have electronic access to the full record at the courthouse, but
may have remote electronic access only to:
(A) the docket maintained by the court; and
(B) an opinion, order, judgment, or other disposition of the court, but not any other part
of the case file or the administrative record.
(d) Filings Made Under Seal. The court may order that a filing be made under seal without
redaction. The court may later unseal the filing or order the person who made the filing to
file a redacted version for the public record.
(e) Protective Orders. For good cause, the court may by order in a case:
(1) require redaction of additional information; or
(2) limit or prohibit a nonparty's remote electronic access to a document filed with the
court.
(f) Option for Additional Unredacted Filing Under Seal. A person making a redacted filing
may also file an unredacted copy under seal. The court must retain the unredacted copy as
part of the record.
(g) Option for Filing a Reference List. A filing that contains redacted information may be filed
together with a reference list that identifies each item of redacted information and specifies
an appropriate identifier that uniquely corresponds to each item listed. The list must be filed
under seal and may be amended as of right. Any reference in the case to a listed identifier
will be construed to refer to the corresponding item of information.
(h) Waiver of Protection of Identifiers. A person waives the protection of Rule 5.2(a) as to
the person's own information by filing it without redaction and not under seal.
Rule 6. Computing and Extending Time; Time for Motion Papers
(a) Computing Time. The following rules apply in computing any time period specified in
these rules or in any local rule, court order, or statute:
(1) Day of the Event Excluded. Exclude the day of the act, event, or default that begins
the period.
(2) Exclusions from Brief Periods. Exclude intermediate Saturdays, Sundays, and legal
holidays when the period is less than 11 days.
(3) Last Day. Include the last day of the period unless it is a Saturday, Sunday, legal
holiday, or--if the act to be done is filing a paper in court--a day on which weather or other
conditions make the clerk's office inaccessible. When the last day is excluded, the period
runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or day when
the clerk's office is inaccessible.
(4) "Legal Holiday" Defined. As used in these rules, "legal holiday" means:
(A) the day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s
Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus
Day, Veterans' Day, Thanksgiving Day, or Christmas Day; and
(B) any other day declared a holiday by the President, Congress, or the state where the
district court is located.
(b) Extending Time.
(1) In General. When an act may or must be done within a specified time, the court may,
for good cause, extend the time:
(A) with or without motion or notice if the court acts, or if a request is made, before the
original time or its extension expires; or
(B) on motion made after the time has expired if the party failed to act because of
excusable neglect.
(2) Exceptions. A court must not extend the time to act under Rules 50(b) and (d), 52(b),
59(b), (d), and (e), and 60(b), except as those rules allow.
(c) Motions, Notices of Hearing, and Affidavits.
(1) In General. A written motion and notice of the hearing must be served at least 5 days
before the time specified for the hearing, with the following exceptions:
(A) when the motion may be heard ex parte;
(B) when these rules set a different time; or
(C) when a court order--which a party may, for good cause, apply for ex parte--sets a
different time.
(2) Supporting Affidavit. Any affidavit supporting a motion must be served with the
motion. Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at

least 1 day before the hearing, unless the court permits service at another time.
(d) Additional Time After Certain Kinds of Service. When a party may or must act within a
specified time after service and service is made under Rule 5(b)(2)(C), (D), (E), or (F), 3
days are added after the period would otherwise expire under Rule 6(a).
Rule 7. Pleadings Allowed; Form of Motions and Other Papers
(a) Pleadings. Only these pleadings are allowed:
(1) a complaint;
(2) an answer to a complaint;
(3) an answer to a counterclaim designated as a counterclaim;
(4) an answer to a crossclaim;
(5) a third-party complaint;
(6) an answer to a third-party complaint; and
(7) if the court orders one, a reply to an answer.
(b) Motions and Other Papers.
(1) In General. A request for a court order must be made by motion. The motion must:
(A) be in writing unless made during a hearing or trial;
(B) state with particularity the grounds for seeking the order; and
(C) state the relief sought.
(2) Form. The rules governing captions and other matters of form in pleadings apply to
motions and other papers.