PUBLIC LAW 97-462-JAN. 12, 1983 AN ACT TO AMEND THE FEDERAL RULES OF CIVIL PROCEDURES WITH RESPECT TO CERTAIN SERVICE OF PROCESS BY MAIL, AND FOR OTHER PURPOSES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP95B00895R000200030016-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: November 7, 2008
• Sequence Number: 16
• Publication Date: January 12, 1982
• Content Type: OPEN SOURCE

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PUBLIC LAW 97-462-JAN. 12,1983 96 STAT. 2527
Public Law 97-462
97th Congress
An Act
?'b amend the Federal Rules of Civil Procedure with respect to certain service of Jan. 12,1982
pe,ccees by mail, and for other purposes. (H.R. 7154]
Be it enacted the Senate and House of Rp ~ti~ of the
Federal Rules of
United States of America in Cbr~g assembled, That this Act may Civil rocedure
be cited as the 'Federal gales of Civil Procedure Amendments Act
Amendments
Of 1982 ". Acc of 1982
Sac. 2. The Federal Rules of Civil Procedure are amended as 28 USC 2071 note.
MUM 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
responsi-
to the plaintiff orb of the s attorney,
summons and a copy ofd the
ble for prompt
complaint".
d as
d t
d
o rea
e
Subsection (c) of Rule 4 of such Rules is amen
follows:
"(c) Sasvlca.
"(1) Process, other than a subpoena or a summons and com-
plaint, shall be served by a United States marshal or deputy
United States marshal, or by a person specially appointed for
that A) A summons and complaint shall, except as provided in
subparagraphs B) and (C) 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-
"(1) on of a party authorized to boeed in forma
pauppeenn'ee pursuant to Title 28 U.S.C. j19&C. j 1 18 6,
"(ii) a seaman
a pro unnir 28,
"(ii) on n behilf of the United States or an officer or agency
of the United States, or
"(iii) pursuant to an order issued by the court g that
a United States marshal or deputy U
appointed for that purpose, is
eciall
y
or a person sp
to serve the summons and complaint in order that service
be properly effected in that particular action.
"(C) A summons and complaint maybe served upon a defend-
ant of any class referred to in paragraph (1) or (8) 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 com-
plaint (by first-class mail, postage prepaid) to the person to
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 96 STAT. 2528 PUBLIC LAW 97-462-,TAN. 12, 1983
be served, together with two copies of a notice and ackmowl- "Fol
edgment conforming substantially to form 18-A and a "United star
return envel ppee,. postage prepaid, addressed to the sender.
If no acknowledgment of service under this subdivision of
this rule is received by the sender within 20 days after the A. EL. Plain
date of mailing, service of such summons and complaint T.
shall be made under sub--------h (A) or B) of this pare- "C D.. Defeo
graph in the manner pby subdivision (dXl) or
"(D) Unless good cause is shown for not doing so the court "To: (ins
shall order the pent of the costa of personal service by the "The en
person served if such person does not complete and return
within 20 days after mst ing, the notice and acknowledgment of Rule 4(cX2
receipt of summons. "You M.
"(E) The notice and acknowledgment of receipt of summons you one
and complaint shall be execu under oath or affirmation.
"(8) The court shall freely make special appointments to serve on behalf
summonses and complaints- paragraph (2XB) of this subdi. p~ershi
vision of this rule this subdivision of this rule.other . process under paragraph (1) of ture your:
another pE
(8) Rule 4(d) of such Rules is amended- indicate uz
(A) by striking out "Suiwoxs: PzRaoNAL Ssavics" and 'If you c
inserting "SuiwoNs AND COMPLAm PaR80N To as 20 days, yo
SERvai in lieu thereof; and be uirei
(B) striking out vgraph ?. comp aint
(4) Rule 4(dX5) of such = is amended- "If you I
thereof, and striking out "delivering" and inserting "sending" whose 2 beb
in lieliby
.dam) inserting "by registered or certified mail" after against yo,
(5) Rule 4(e) of such Rules is amended by striking out "SAa a" knowledge
and insertin? "Stnocozvs" in lieu thereof. (insert dat(
(6) Subdivision (g) of Rule 4 of such Rules is amended to read
as follows:
"(i) Raruax. 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 (cX2XC(ii) of this rule,
return shall be made the sender's filing with the court the
acknowledgment recerred pursuant to such subdivision. Failure to
make proof of service does not affect the validity of the service.".
Rule 4 of such Rules is amended by adding at the end the
following:
"U) Sui r lows: Tna LnnT VOR SaavzcL If a service of the sum-
mons and complaint is not made upon a defendant within 120 days
after 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 dismissed as to that
defendant without prejudice upon the court's own initiative wiit~lhr-
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.".
28 USC app. Sac. 8. 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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 PUBLIC LAW 97-462-JAN. 12,1983 96 STAT. 2529
00 acknowl-
fr=tgsMPW
p and a
00
on of
si
e
iV$ aft' the
- this Para'
rr (dXl) or
so the court
i and return of
of summo
Or - ton
to serve
~tmgnts
) this sum
Pa ph (1) of
~r
tA, Saavlcs" and
FusoN TO sE
ad inserting "sending"
r certified mail" after
by striking out "SAME"
des is amended to read
xs shall make proof of
any event within the
spond to the process. If
tiled States marshal or
i shall make affidavit
(cX2XC)(ii) of this rule,
g with the court the
subdivision. Failure to
ilidity of the service.".
r adding at the end the
r a service of the sum-
nndant within 120 days
y on whose behalf such
why such service was
be dismissed as to that
is own initiative with
division shall not apply
subdivision (i) of this
of the Federal Rules of
Form 18 the following:
"FoaM 18-A.-Nonce mw Ac:MOwu=Kwr mm Szzvxs my MAU-
"United States District Court for the Southern District of New York
"Civil Action. File Number
"NOTICE
"To: (insert the name and address of the person to be served.)
"The enclosed summons and complaint are served pursuant to
Rule 4(cX2XCXii) of the Federal Rules of Civil Procedure.
"You must complete the acknowledgment part of this form and
return one copy of the completed form to the sender within 20 days.
"You must sign and date the acknowledgment. If you are served
on behalf of a ti 'unincorporated association (including a
partnership), or~ entity, you must indicate under your signa-
ture your relationship to that entityr If you are served on behalf of
another person and you are authorized to receive process, you must
indicate under your signature your authority.
"If you do not complete and return the form to the sender within
20 days, you (or the party on whose behalf you are being served) may
ben quired to pay any expenses incurred in serving a summons and
oom. plaint in any other manner permitted by law.
you do complete and return this form, you (or the party on
whose behalf you are fail erved) must answer the complaint
within 20 days. If you fso, t by default will be taken
against you for the relief demanded in the complaint.
"I declare, under penalty of perjury, that this Notice and Ac-
knowledgment of Receipt of Summons and Complaint was mailed on
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 Approved For Release 2008/11/07: CIA-RDP95B00895R000200030016-4
96 STAT. 2530 PUBLIC LAW 97-462-JAN. 12, 1983
"ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT
"I declare, under penalty of perjury, that I received a copy of the
summons and of the complaint in the above-captioned manner at
(insert address).
Effective date.
28 USC 2071
note.
28 USC 2071
note.
Relationshi to Entity/Authority to
Receive Service of Process
Date of Signature".
SEC. 4. The amendments made by this Act shall take effect 45 days
after the enactment of this Act.
Sac. 5. The amendments to the Federal Rules of Civil Procedure,
the effective date of which was delayed by the Act entitled "An Act
to delay the effective date of proposed amendments to rule 4 of the
Federal Rules of Civil Procedure, approved August 2,1982 (96 Stat.
246), shall not take effect.
Sac. 6. Section 951 of title 18, United States Code, is amended by
striking out "$5,000" and inserting in lieu thereof "$75,000".
Approved January 12, 1988.
LEGISLATIVE HISTORY-HR 7154:
OONGRE3SIONAL RECORD, VoL 128 (1982}
Dec. 15, considered and passed House.
Dec. 19, considered and passed Senate, amended.
Dec. 20, House agreed to Senate amendments with an amendment.
Dec. 21, Senate concurred in House amendment.
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