CLPS Federal Rules 2 — Questions and Answers
Question 1: Under FRCP Rule 4(e), which method of service is NOT permitted for serving an individual within a judicial district of the United States?
- Delivering a copy personally to the individual
- Leaving a copy at the individual's dwelling with a person of suitable age
- Posting a copy on the front door of the individual's residence (Correct answer)
- Following state law for serving a summons in the state where the district court is located
Correct answer: Posting a copy on the front door of the individual's residence
FRCP Rule 4(e) does not authorize posting (nail and mail) as a standalone federal method; posting on a door is not listed as a permitted method under the federal rule.
Question 2: FRCP Rule 4(m) generally requires service to be completed within how many days after a complaint is filed?
- 60 days
- 90 days (Correct answer)
- 120 days
- 180 days
Correct answer: 90 days
Under FRCP Rule 4(m), a plaintiff must serve the defendant within 90 days after the complaint is filed, or the court may dismiss the action without prejudice.
Question 3: When serving a corporation under FRCP Rule 4(h), which of the following persons may NOT receive service on behalf of the corporation?
- A managing or general agent
- An officer of the corporation
- A low-level clerical employee with no management authority (Correct answer)
- An agent authorized by appointment to receive service of process
Correct answer: A low-level clerical employee with no management authority
FRCP Rule 4(h) requires delivery to an officer, managing or general agent, or appointed/law-designated agent — a clerical employee without management authority does not qualify.
Question 4: Under FRCP Rule 4(i), how is the United States government served in a federal civil action?
- Only by certified mail to the Attorney General
- By delivering a copy to the U.S. Attorney for the district and sending a copy to the Attorney General (Correct answer)
- By personal service on the Secretary of State
- By leaving a copy at the nearest federal courthouse
Correct answer: By delivering a copy to the U.S. Attorney for the district and sending a copy to the Attorney General
FRCP Rule 4(i)(1) requires delivering or mailing a copy to the U.S. Attorney for the district AND sending a copy by registered or certified mail to the Attorney General.
Question 5: What does FRCP Rule 4(l) require a process server to file after completing service?
- A notarized affidavit filed in the state court of the district
- Proof of service with the court, unless waiver of service was filed (Correct answer)
- A copy of the summons filed with the U.S. Marshal
- An electronic filing with PACER within 24 hours of service
Correct answer: Proof of service with the court, unless waiver of service was filed
FRCP Rule 4(l) requires that the server's proof of service be filed with the court unless service was waived under Rule 4(d).
Question 6: FRCP Rule 4(d) allows plaintiffs to request that defendants waive formal service. If a defendant located in the U.S. fails to return a signed waiver without good cause, what is the consequence?
- The case is automatically dismissed
- The defendant waives all defenses including personal jurisdiction
- The court must impose the costs of formal service on the defendant (Correct answer)
- The plaintiff must re-serve using the U.S. Marshal
Correct answer: The court must impose the costs of formal service on the defendant
Under FRCP Rule 4(d)(2), if a defendant located in the U.S. fails to return a waiver without good cause, the court must impose the costs of formal service on that defendant.
Question 7: Under FRCP Rule 4(k)(1)(A), when does serving a summons establish personal jurisdiction over a defendant?
- Only when the defendant is a U.S. citizen
- When the defendant is subject to jurisdiction in the courts of the state where the district court is located (Correct answer)
- Whenever the defendant is served within 100 miles of the courthouse
- Only when the defendant resides in the district where the court sits
Correct answer: When the defendant is subject to jurisdiction in the courts of the state where the district court is located
FRCP Rule 4(k)(1)(A) establishes that serving a summons establishes personal jurisdiction when the defendant would be subject to jurisdiction in the courts of the state where the federal district court sits.
CLPS Federal Rules 2
Under FRCP Rule 4(e), which method of service is NOT permitted for serving an individual within a judicial district of the United States?