The statute of limitations on P's right of action expires on Feb. 15. On March 1, P causes D to be served with process. The suit takes place in Kentucky federal district court. Kentucky state law provides that the statute of limitations is satisfied only by service upon the defendant, not by mere filing with the court. The Supreme Court has held on these facts that Rule 3 does not speak to the issue of when a state statute of limitations is tolled, but is merely designed to give a starting point for the measurement of various time periods in the federal suit.
P sues D in diversity in Massachusetts federal court.
D is the executor of an estate. P causes process to be served on D's wife, by leaving copies of the summons and complaint with her at D's dwelling place. But a Massachusetts statute sets special standards for service on an executor of an estate, which were not complied with here. Second, the Rule clearly applies to the issue here, since it specifies the allowable method of service in a federal action. Therefore, the Rule takes priority over any contrary state policy or statute, even if applying the Rule might help produce a different outcome than had the state rule been applied.