Fed. R. Civ. P. 4 — Summons
Last verified: May 19, 2026 · U.S. Courts — FRCP.
Rule Text — Key Provisions
(a) Contents; amendments. A summons must name the court and parties; be directed to the defendant; state the name and address of plaintiff’s attorney; state the time within which to appear; notify the defendant of default consequences; and bear the court’s seal.
(c) Service. A summons must be served with a copy of the complaint within Rule 4(m)’s time limit. Any person at least 18 and not a party may serve.
(d) Waiver of service. Defendant may be asked to waive formal service. Failing to waive without good cause shifts the costs of formal service to the defendant.
(e) Serving an individual in U.S. Personal delivery; leaving at dwelling with someone of suitable age; or following state law.
(h) Serving a corporation or association. Deliver to officer, managing or general agent, or any agent authorized by appointment or law.
(k) Personal jurisdiction. Service of summons establishes personal jurisdiction over a defendant subject to the state’s general jurisdiction.
(m) Time limit. Service must be completed within 90 days after the complaint is filed.
Full text: law.cornell.edu/rules/frcp/rule_4.
Plain English
Rule 4 controls how you tell the defendant they’ve been sued. Get it wrong and your case is dismissed before it ever moves. You have 90 days from filing to serve. Individuals can be served at home; corporations through an officer or registered agent. Smart defendants who waive service get an extra 30 days to answer; defendants who refuse waiver pay for formal service themselves.
Key Cases & Authority
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950) — Due Process foundation for service: notice must be “reasonably calculated, under all the circumstances, to apprise interested parties.”
- Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344 (1999) — Removal clock under § 1446(b) starts when defendant is formally served, not when it receives the complaint informally.
- Henderson v. United States, 517 U.S. 654 (1996) — 90-day rule applies to suits against the U.S.; reasonable extensions allowed.
- Volkswagenwerk Aktiengesellschaft v. Schlunk, 486 U.S. 694 (1988) — Hague Convention service applies only when service abroad is required by forum-state law.
Florida Parallel
Fla. R. Civ. P. 1.070 — Florida’s parallel service rule mirrors federal but with a 120-day service window instead of 90. Florida also has detailed long-arm statute requirements (Fla. Stat. § 48.193) that federal practitioners need to know when invoking diversity jurisdiction in Florida.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) A summons must name the court and parties; be directed to the defendant; state the name and address of plaintiff’s attorney; state the time within which to appear; notify the defendant of default consequences; and bear the court’s seal.
(c) A summons must be served with a copy of the complaint within Rule 4(m)’s time limit. Any person at least 18 years old and not a party may serve.
(m) If a defendant is not served within 90 days after the complaint is filed, the court — on motion or on its own after notice — must dismiss the action without prejudice or order that service be made within a specified time.
Educational reference. This page summarizes a Federal Rule of Civil Procedure for educational purposes. It is not legal advice. Federal procedural rules can change — always verify the current text at uscourts.gov before relying on this summary in any case.
What this rule means in plain English
Rule 4 controls how you tell a defendant they have been sued in federal court. Get it wrong and your case is dismissed before it moves. You have 90 days from filing to serve. Individuals served at home; corporations through an officer or registered agent. Defendants who waive formal service get an extra 30 days to answer; defendants who refuse waiver pay for formal service themselves.