Service of Process

What It Is

Service of process is the formal delivery of the complaint and summons to the defendant, notifying them that they’re being sued. Under Federal Rule 4, proper service is required — without it, the court lacks personal jurisdiction over the defendant.

How to Serve in § 1983 Cases

Individual Officers

• Personal service — Hand-deliver to the officer (or leave with someone of suitable age at their residence plus mail)
• Waiver of service (Rule 4(d)) — Mail the complaint with a request to waive formal service. If the defendant waives, they get 60 days to respond instead of 21. If they refuse to waive without good cause, they pay the service costs.

Municipalities

• Serve the city clerk, mayor, or chief executive — Or as otherwise required by state law (Rule 4(j)(2))
• Follow state law — Check your state’s rules for serving municipal entities

If You’re IFP

When proceeding in forma pauperis, the U.S. Marshals will serve the complaint for free (28 U.S.C. § 1915(d)). Submit the summons and complaint to the clerk, and the Marshals handle service.

The 90-Day Deadline

Under Rule 4(m), you must serve all defendants within 90 days of filing the complaint. If you don’t, the court can dismiss the action without prejudice — or extend the deadline if you show good cause.

Pro se litigants often get extensions, especially when using the Marshals (who can be slow). But don’t count on it — track the deadline and follow up.

Common Mistakes

• Serving the wrong person — Serving a random officer at the police department doesn’t count as serving the named defendant
• Serving only the city — If you sued individual officers AND the city, you must serve each defendant separately
• Missing the deadline — 90 days goes fast, especially if the Marshals are backlogged
• Failure to file proof of service — After service is complete, file a proof of service (Rule 4(l)) with the court

Key Rules

• Rule 4 — Summons and service
• Rule 4(d) — Waiver of service
• Rule 4(m) — 90-day service deadline