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The amendments to rule 4 of the federal rules of civil procedure were intended primarily to relieve united states marshals of the burden of serving summonses and complaints in private civil actions. Comprehensive guide to the federal rules of civil procedure, offering insights into legal standards and practices in civil litigation. Serve a person required to be served under rule 4(i)(2), if the party has served either the united states attorney or the attorney general of the united states

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Or serve the united states under rule 4(i)(3), if the party has served the united states officer or employee. It includes exceptions for serving defendants abroad but requires plaintiffs to attempt service diligently. In walker, plaintiff had filed his complaint and thereby commenced the action under rule 3 of the federal rules of civil procedure within the statutory period

He did not, however, serve the summons and complaint until after the statutory period had run.

(m) time limit for service Rule 4(m) sets a time limit for a plaintiff's service of a summons following the filing of a complaint and it states on its face that it is inapplicable to service in a foreign country For international defendants, rule 4(m) could be an applicable procedural mechanism to secure early case dismissal. This subdivision (m) does not apply to service in a foreign country under rule 4 (f), 4 (h) (2), or 4 (j) (1), or to service of a notice under rule 71.1 (d) (3) (a).

Selected committee notes rule 4 (m) is amended to correct a possible ambiguity that appears to have generated some confusion in practice Service in a foreign country often is accomplished by means that require more than the time set by rule 4 (m). Federal rule of civil procedure 4 (m)