CLPS Federal Rules 4 — Questions and Answers
Question 1: Under FRCP Rule 4(n), how may a federal court obtain jurisdiction over property when personal jurisdiction cannot be obtained?
- By publishing notice in a newspaper of general circulation for 30 days
- By seizing the property under state law or by statute and providing constitutionally adequate notice (Correct answer)
- By filing a lis pendens with the county recorder
- By serving the property's last known owner by certified mail
Correct answer: By seizing the property under state law or by statute and providing constitutionally adequate notice
FRCP Rule 4(n) allows courts to assert quasi in rem jurisdiction by seizing property under applicable law and providing notice that satisfies constitutional due process requirements.
Question 2: If a federal defendant waives service under FRCP Rule 4(d), how many days does the defendant located in the United States have to answer the complaint?
- 21 days from the date the waiver request was sent
- 60 days from the date the waiver request was sent (Correct answer)
- 21 days from the date the waiver is returned
- 90 days from the date the complaint was filed
Correct answer: 60 days from the date the waiver request was sent
Under FRCP Rule 4(d)(3), a defendant who timely returns a waiver has 60 days (or 90 days if outside the U.S.) from when the request was sent to answer the complaint.
Question 3: Under FRCP Rule 4(a)(1), which of the following is NOT required to appear on a summons?
- The name and address of the plaintiff's attorney
- The time within which the defendant must appear and defend
- The signature of the clerk and the court's seal
- The name of every witness the plaintiff intends to call at trial (Correct answer)
Correct answer: The name of every witness the plaintiff intends to call at trial
FRCP Rule 4(a)(1) specifies required summons elements including court name, parties, clerk's signature and seal, and response time — witness lists are not part of a summons.
Question 4: A process server delivers a summons and complaint to a defendant's adult roommate at the defendant's apartment. Under FRCP Rule 4(e)(2)(B), what additional step is required?
- Filing an affidavit with the court describing the roommate's identity
- Mailing a copy of the summons and complaint to the defendant's last known address
- Obtaining confirmation that the roommate delivered the papers to the defendant
- No additional step is required; leaving with a co-resident is complete service (Correct answer)
Correct answer: No additional step is required; leaving with a co-resident is complete service
FRCP Rule 4(e)(2)(B) makes service complete upon leaving copies at the dwelling or usual place of abode with a person of suitable age and discretion residing there — no follow-up mailing is required under federal rules.
Question 5: Which federal statute generally authorizes private citizens (not just U.S. Marshals) to serve process in federal civil actions?
- 28 U.S.C. § 1331
- FRCP Rule 4(c)(2) (Correct answer)
- 28 U.S.C. § 566(c)
- 18 U.S.C. § 1001
Correct answer: FRCP Rule 4(c)(2)
FRCP Rule 4(c)(2) provides that any person who is at least 18 years old and not a party may serve a summons and complaint in a federal civil action.
Question 6: A defendant is served in a federal case, fails to answer, and the plaintiff seeks a default judgment under FRCP Rule 55. Which step must occur BEFORE a default judgment is entered?
- The court must hold an evidentiary hearing in every case
- The clerk must first enter a default, and then the court may enter a default judgment (Correct answer)
- The plaintiff must re-serve the defendant by certified mail
- The U.S. Marshal must confirm the original service was valid
Correct answer: The clerk must first enter a default, and then the court may enter a default judgment
FRCP Rule 55(a) requires the clerk to first enter the party's default upon showing they failed to plead, and only then may a default judgment be sought under Rule 55(b).
Question 7: Under FRCP Rule 4(j)(2), how is service made on a state or local government within the United States?
- By serving the state's Secretary of State exclusively
- By delivering a copy to the chief executive officer, or by serving in the manner prescribed by state law (Correct answer)
- By certified mail to the state attorney general only
- By leaving a copy at any state government building
Correct answer: By delivering a copy to the chief executive officer, or by serving in the manner prescribed by state law
FRCP Rule 4(j)(2) allows service on a state or local government by delivering to the chief executive officer or by following the manner prescribed by state law for such service.
CLPS Federal Rules 4
Under FRCP Rule 4(n), how may a federal court obtain jurisdiction over property when personal jurisdiction cannot be obtained?