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Question:According to the rules for...

Resolved • Response time 4 minutes

4 Aug 2021

Question:
According to the rules for federal civil court it says that once the case is docketed that the defendant should be served within 21 days. This is my understanding. My question is, does the court notify the plaintiff when defendant is served? In pro se with formorus pauporis would the plaintiff get a “receipt” from the process server?
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4 Aug 2021

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Lawyer's response
4 Aug 2021
Jay H. Esq.
Jay H. Esq.
Attorney

Every federal court has local rules that the court follows for that particular jurisdiction.  Service of a lawsuit on a defendant can happen a number of different ways, with process server just being one of them.  The most popular method (because it is the cheapest) is to simply serve the defendant via certified mail.  The method of noting proper service on the docket varies by jurisdiction, but it often falls upon the plaintiff to actually provide proof of service to the court.  So, essentially, the plaintiff shows the court the receipt.

4 Aug 2021
Customer reply
4 Aug 2021
Ok but in the case of filing formorus pauparous a Marshal serves the summons(?) is this correct?
4 Aug 2021
Lawyer's response
4 Aug 2021
Jay H. Esq.
Jay H. Esq.
Attorney

not necessarily.  I think it is up to the court, or maybe its local rules, on how service is to be carried out. "Officers of the court" don't necessarily mean marshals serving anything.  It could be the clerk of the court (also an officer) decides that it will always try to serve lawsuits via certified mail first because it is the absolute cheapest way to achieve service.

4 Aug 2021
Customer reply
4 Aug 2021
Ok ✅ ty
4 Aug 2021
Lawyer's response
4 Aug 2021
Jay H. Esq.
Jay H. Esq.

You're welcome.  Good luck.

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Jay H. Esq.
Jay H. Esq.
Attorney
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4 Aug 2021
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