Page:United States Statutes at Large Volume 96 Part 2.djvu/1165

 PUBLIC LAW 97-462—JAN. 12, 1983

96 STAT. 2527

Public Law 97-462 97th Congress An Act To amend the Federal Rules of Civil Procedure with respect to certain service of process by mail, and for other purposes.

"'—'[H.R. 7154]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may Federal Rules of be cited as the "Federal Rules of Civil Procedure Amendments Act civil Procedure nf 10QO" OI VSOb.

SEC. 2. The Federal Rules of Civil Procedure are amended as

follows:

Amendments p^Q^ (jf 1982

28 USC 2071 note.

(1) Rule 4(a) of such Rules is amended by striking out "it for 28 USC app. service to the marshal or to any other person authorized by Rule 4(c) to serve it" and inserting in lieu thereof "the summons to the plaintifTor the plaintiffs attorney, who shall be responsible for prompt service of the summons and a copy of the complaint". (2) Subsection (c) of Rule 4 of such Rules is amended to read as follows: "(c) SiaiviCE.

"(1) Process, other than a subpoena or a summons and complaint, shall be served by a United States marshal or deputy United States marshal, or by a person specially appointed for that purpose. "(2)(A) A sunmions and complaint shall, except as provided in subparagraphs (B) and (O of this paragraph, be served by any person who is not a party and is not less than 18 years of age. "(B) A summons and complaint shall, at the request of the party seeking service or such party's attorney, be served by a United States marshal or deputy United States marshal, or by a person specially appointed by the court for that purpose, only— "(i) on behalf of a party authorized to proceed in forma pauperis pursuant to Title 28, U.S.C. § 1915, or of a seaman authorized to proceed under Title 28, U.S.C. § 1916, "(ii) on behalf of the United States or an officer or agency of the United States, or "(iii) pursuant to an order issued by the court stating that a United States marshal or deputy United States marshal, or a person specially appointed for that purpose, is required to serve the summons and complaint in order that service be properly effected in that particular action. "(C) A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (3) of subdivision (d) of this rule— "(i) pursuant to the law of the State in which the district court is held for the service of summons or other like process upon such defendant in an action brought in the courts of general jurisdiction of that State, or "(ii) by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to

�