Also known as: mareschal · marshal · court marshal
Written by attorneys · grounded in primary & secondary sources — see below
An officer of the court authorized to execute warrants, serve process, and perform other official duties.
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After Maxwell Manufacturing dissolved its limited partnership, the marescallus served the required notices on all known creditors. He then confirmed that the partnership had properly marshaled its own assets. The remaining funds were distributed to the partners according to their interests.
When Morgan Financial dissolved, the marescallus served the final accounting on all partners. He confirmed that the firm had settled its loan and vendor obligations. The process closed the business affairs without further litigation.
A federal magistrate issued a summons for Mohan Malhotra in a fraud case. The marescallus located Malhotra at his residence and handed him the document. Malhotra appeared in court on the scheduled date without challenge to service.
Meridian Motors dissolved its limited liability company. The marescallus served notice of the dissolution on all known claimants. He then verified that the company had paid its creditors from available cash reserves.
Officers relied on a warrant later found defective in an affidavit. The marescallus had executed the warrant in good faith. Evidence obtained during the search was admitted at trial under the good-faith exception.
A marescallus attempted to remove a disruptive spectator from a federal courtroom. Spectators grabbed the marescallus and tried to interfere. The marescallus used reasonable force to complete the removal and faced no liability for the resulting contact.
Only a marshal or other authorized officer may execute a federal arrest warrant. Any person authorized to serve a summons in a federal civil action may serve a criminal summons instead.
The partnership must discharge its debts, settle its business, and marshal and distribute its assets. A dissolved entity continues only for these limited purposes.
A judgment against the partnership alone does not reach a general partner's separate assets. A separate judgment against the general partner is required unless an exception applies.
…the plaintiff had filed his federal complaint within the state period of limitations, his action was barred because the federal marshal did not serve a summons on the defendant until after the limitations period had run. I think that the decision was wrong. At most, application of the Federal Rule would have meant that…