Page:United States Statutes at Large Volume 96 Part 2.djvu/1166

 96 STAT. 2528

28 USC app.

PUBLIC LAW 97-462—JAN. 12, 1983

be served, together with two copies of a notice and acknowledgment conforming substantially to form 18-A and a return envelope, postage prepaid, addressed to the sender. If no acknowle(|gment of service under this subdivision of this rule is received b^ the sender within 20 days after the date of mailing, service of such summons and complaint shall be made under subparagraph (A) or (B) of this paragraph in the manner prescribed by subdivision (d)(1) or (d)(3). "(D) Unless good cause is shown for not doing so the court shall order the payment of the costs of personal service by the person served u such person does not complete and return within 20 days after mailing, the notice and acknowledgment of receipt of summons. "(E) The notice and acknowledgment of receipt of summons and complaint shall be executed under oath or afilrmation. "(3) The court shall freely make special appointments to serve summonses and complaints under paragraph (2)(B) of this subdivision of this rule and all other process under paragraph (1) of this subdivision of this rule.". (3) Rule 4(d) of such Rules is amended— (A) by striking out "SUMMONS: PERSONAL SERVICE" and inserting "SUMMONS AND COMPLAINT: PERSON TO BE SERVED in lieu thereof; and (B) by striking out paragraph 7. (4) Rule 4(d)(5) of such Rules is amended— (A) by striking out "delivering" and inserting "sending" in lieu thereof, and (B) by inserting "by registered or certified mail" after "complaint". (5) Rule 4(e) of such Rules is amended by striking out "SAME" and inserting "SUMMONS" in lieu thereof (6) Subdivision (g) of Rule 4 of such Rules is amended to read as follows: "(g) RETURN. The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process. If service is made by a person other than a United States marshal or deputy United States marshal, such person shall make affidavit thereof If service is made under subdivision (c)(2)(C)(ii) of this rule, return shall be made by the sender's filing with the court the acknowledgment received pursuant to such subdivision. Failure to make proof of service does not affect the validity of the service.". (7) Rule 4 of such Rules is amended by adding at the end the following: "0") SUMMONS: TIME LIMIT FOR SERVICE. If a service of the summons and complaint is not made upon a defendant within 120 days £ ^ r the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be (Usmissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion. This subdivision shall not apply to service in a foreign country pursuant to subdivision (i) of this rule.". SEC. 3. The Appendix of Forms at the end of the Federal Rules of Civil Procedure is amended by inserting after Form 18 the following:

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