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CM/ECF User Manual

Section 8 - Service of Process

Overview

(See Appendix A.)

To post service events, select Service and Process Documents from the Initial Pleadings and Service menu. This menu list contains both Fed. R. Civ. P. 4 and 5 events. Select the appropriate event shown in the drop down menu. Next, select the case, select the attorney, select the filer and complete the PDF upload screen.

Regular Civil Cases

(a) Issuing Process

(1) Waiver of Service: Attorneys wishing to pursue waiver of service pursuant to Fed. R. Civ. P. 4 (d) should use the Notice of Law Suit Request for Waiver event.

(2) Summons Issued: The clerk will issue process following the filing of the initial pleading and will make an appropriate entry on the docket.

(b) Returns of Service of Process

The Return of Service (USM 285) events are to be used when the US Marshal has effected service. Summons Returned events should be selected when the return has been made on the reverse of the summons or some other form of return. These events are to be used in connection with Fed. R. Civ. P. 4 service of process.

(c) Service under Fed. R. Civ. P. 5

The events for Affidavit of Service and Certificate of Service are used to record service under Fed. R. Civ. P. 5.

Habeas Cases

The following events are used specifically for entering the return of service of habeas petitions and should not be used for return of service under Fed. R. Civ. P. 4.

  • Acceptance/Acknowledgment of Service - 2241 Federal Habeas
  • Acceptance/Acknowledgment of Service - 2254 State Habeas
  • Acceptance/Acknowledgment of Service - Immigration

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