What Service Is
Filing starts the case; it doesn't notify anyone. Service is the formal delivery that obligates the defendant to respond — and you can't do it yourself.
Why this is a separate step
Filing starts the case; it doesn't notify anyone. Service is the formal delivery of the summons and complaint to the defendant, and it's what obligates them to respond. A filed but unserved case sits still.
The basic requirement
Rule 4(c)(1) provides that a summons must be served together with a copy of the complaint, and that the plaintiff is responsible for having them served within the time Rule 4(m) allows.
Who can serve
Rule 4(c)(2) states that any person who is at least 18 years old and not a party may serve a summons and complaint. That rules out the plaintiff doing it personally. In practice this usually means a professional process server, a sheriff's deputy, or an uninvolved adult.
The marshal option
Rule 4(c)(3) provides that at the plaintiff's request a court may order service by a United States marshal, and that the court must do so if the plaintiff is proceeding in forma pauperis under 28 U.S.C. § 1915.
What has to happen first
Service requires the issued summons — the one the clerk signed and sealed at filing. Nothing can be served before that exists.
Sources
Fed. R. Civ. P. 4(b), 4(c); 28 U.S.C. § 1915.
Red flags to watch for
- Planning to hand the papers over yourself
- No issued summons yet
- Weeks passing after filing with no service arranged
Next up
Serving a Business
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Start AI screeningSources: EEOC.gov, EEOC Field Manual, and federal employment statutes. Informational only — not legal advice.