Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An arrest-warrant rule requiring a complaint that states probable cause to be filed promptly in the district of the alleged offense after any warrantless arrest.
A civil-process rule that imposes a duty on defendants to avoid unnecessary service expenses when waiver of summons is requested and that supplies the methods for serving a summons and complaint.
Each sense below has its own examples, sources, and questions.
An arrest-warrant rule requiring a complaint that states probable cause to be filed promptly in the district of the alleged offense after any warrantless arrest.
Select any source to read its text and confirm it supports the definition.
A civil-process rule that imposes a duty on defendants to avoid unnecessary service expenses when waiver of summons is requested and that supplies the methods for serving a summons and complaint.
Select any source to read its text and confirm it supports the definition.
Federal agents arrest Robert Rivera without a warrant after seizing forged documents. Prosecutors hold him for hours while debating venue and file no complaint. The magistrate releases Rivera because no complaint meeting probable cause requirements was filed in the offense district.
A complaint meeting the probable cause requirements of Rule 4(a) must be promptly filed in the district where the offense was allegedly committed.
Supporting sources
Only a United States marshal or another officer formally authorized to execute federal warrants may execute the warrant. A local peace officer without such authorization cannot lawfully execute it.
Supporting sources
Radiance Media receives a written waiver request from a plaintiff in a contract dispute. The company ignores the request and forces formal service by marshal. The court later imposes costs on Radiance Media for the unnecessary expense of formal service.
Riverfront Developments receives a waiver request in a diversity suit. It returns the signed waiver within the required period. The company then has sixty days from the request date to file its answer rather than the usual twenty-one days after service.
Ralph Richardson appeals a criminal conviction and files a bill of exceptions covering an entire jury charge. The reviewing court refuses to consider the general exception because the rule requires specific identification of the legal points challenged.
Rosalind Reed serves process on an estate executor using federal Rule 4 methods in a diversity action. The defendant moves to dismiss under state service rules. The court upholds the federal method because the rule governs service even when state law differs.
Rowan Russell files a class action complaint in federal court under a state procedural rule that would bar the claim. The defendant argues the state rule controls. The court permits the action because the federal rule on commencement governs the timeliness question.
No. Defects in the summons itself, such as misnaming the defendant or setting an impossible deadline, render process insufficient even if the defendant receives actual notice.
Supporting sources
…of citizenship between the parties, service of process shall be made in the manner prescribed by state law or that set forth in Rule 4 (d) (1) of the Federal Rules of Civil Procedure. On February 6, 1963, petitioner, a citizen of Ohio, filed her complaint in the District Court for the District of Massachusetts, claiming…