If you are the one suing, you must fill out a summons forms (one for each defendant) and present it to the clerk’s office, where a clerk will sign the form and stamp it with the court’s seal. From there, you will need a copy of each official summons (the one with the clerk’s signature and seal) and a copy of the complaint and any of its attachments (one copy for each defendant). You must serve those documents on each defendant within 90 days of filing the complaint or risk dismissal of your action.
There are three ways to serve process:
• Waiver of Service. A defendant may waive service, which means the defendant agrees to respond to the complaint even though you did not personally serve the defendant with the summons and complaint. You can get waiver-of-service forms from the clerk’s office or from the court’s website:
Form 1:
www.uscourts.gov/sites/default/files/ao398.pdfForm 2:
www.uscourts.gov/sites/default/files/ao399.pdf• Service by U.S. Marshal. If the court allows you to proceed in forma pauperis and waives the filing fee, and if the court further finds your complaint is not subject to dismissal (for example, because it is frivolous or the person being sued is immune from liability), the court will direct the U.S. Marshal to complete service of process at no cost to you. But note that for each defendant, you still must provide a completed summons and a copy of complaint to the clerk’s office for forwarding to the U.S. Marshal.
