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Sunday, November 29, 2020

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

Local Rules of Civil Procedure

LR 4 - Summons

(See Fed. R. Civ. P. 4)

LR 4-1 Summons (See Fed. R. Civ. P. 4(a) and (b))

All summonses, along with sufficient copies for service, will be prepared by the filing party and presented to the clerk for issuance. The clerk will issue summons electronically, except in cases where the filing party is pro se.

LR 4-2 Amended Summons (See Fed. R. Civ. P. 4(a))

An amended summons must be titled AMENDED SUMMONS, must be reproduced without interlined changes, and must be served pursuant to Fed. R. Civ. P. 4(c).

LR 4-3 Service by U.S. Marshals Personnel (See Fed. R. Civ. P. 4(c)(3))

Unless required by law or statute, or upon application for good cause shown and subsequent court order, U.S. Marshals Office personnel will not serve the complaint and summons in private civil actions.

LR 4-4 Waiver of Service of Summons - Option (See Fed. R. Civ. P. 4(d))

(a) Time Limits (See Fed. R. Civ. P. 4(d)(1)(F))

Unless otherwise permitted by the Court, the reasonable time to return the waiver is 30 days from the date on which the request is sent, or 60 days from the date if the defendant is addressed outside any judicial district of the United States.

(b) Motion to Collect the Cost of Service (See Fed. R. Civ. P. 4(d)(2))

A motion and affidavit or declaration to recover costs of service pursuant to Fed. R. Civ. P. 4(d)(2) must include:

  1. Certification of the actions taken to implement the waiver of service option;
  2. Itemization of the costs incurred in effecting service pursuant to Fed. R. Civ. P. 4(e), (f), or (h); and
  3. Explanation of the method and rates used to calculate any reasonable attorney fees associated with the motion.
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