Federal Rules of Civil Procedure Amendments Act of 1982
PL 97-462 (H.R.7154), enacted 01/12/1983

PUBLIC LAW 97-462—JAN. 12, 1983 
96 STAT. 2527 
Public Law 97-462 
97th Congress 
An Act 
To amend the Federal Rules of Civil Procedure with respect to certain service of 
"'—'-
process by mail, and for other purposes. 
[H.R. 7154] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
Federal Rules of 
be cited as the "Federal Rules of Civil Procedure Amendments Act civil Procedure 
nf 10QO" 
Amendments 
OI VSOb . 
p^Q^ (jf 1982 
SEC. 2. The Federal Rules of Civil Procedure are amended as 28 use 2071 
follows: 
note. 
(1) Rule 4(a) of such Rules is amended by striking out "it for 
28 use app. 
service to the marshal or to any other person authorized by 
Rule 4(c) to serve it" and inserting in lieu thereof "the summons 
to the plaintifTor the plaintiffs attorney, who shall be responsi-
ble for prompt service of the summons and a copy of the 
complaint". 
(2) Subsection (c) of Rule 4 of such Rules is amended to read as 
follows: 
"(c) SiaiviCE. 
"(1) Process, other than a subpoena or a summons and com-
plaint, shall be served by a United States marshal or deputy 
United States marshal, or by a person specially appointed for 
that purpose. 
"(2XA) A sunmions and complaint shall, except as provided in 
subparagraphs (B) and (O of this paragraph, be served by any 
person who is not a party and is not less than 18 years of age. 
"(B) A summons and complaint shall, at the request of the 
party seeking service or such party's attorney, be served by a 
United States marshal or deputy United States marshal, or by a 
person specially appointed by the court for that purpose, only— 
"(i) on behalf of a party authorized to proceed in forma 
pauperis pursuant to Title 28, U.S.C. § 1915, or of a seaman 
authorized to proceed under Title 28, U.S.C. § 1916, 
"(ii) on behalf of the United States or an officer or agency 
of the United States, or 
"(iii) pursuant to an order issued by the court stating that 
a United States marshal or deputy United States marshal, 
or a person specially appointed for that purpose, is required 
to serve the summons and complaint in order that service 
be properly effected in that particular action. 
"(C) A summons and complaint may be served upon a defend-
ant of any class referred to in paragraph (1) or (3) of subdivision 
(d) of this rule— 
"(i) pursuant to the law of the State in which the district 
court is held for the service of summons or other like 
process upon such defendant in an action brought in the 
courts of general jurisdiction of that State, or 
"(ii) by mailing a copy of the summons and of the com-
plaint (by first-class mail, postage prepaid) to the person to 
96 STAT. 2528 
PUBLIC LAW 97-462—JAN. 12, 1983 
be served, together with two copies of a notice and acknowl-
edgment conforming substantially to form 18-A and a 
return envelope, postage prepaid, addressed to the sender. 
If no acknowle(|gment of service under this subdivision of 
this rule is received b^ the sender within 20 davs after the 
date of mailing, service of such summons and complaint 
shall be made under subparagraph (A) or (B) of this para-
graph in the manner prescribed by subdivision (dXD or 
(dX3). 
"(D) Unless good cause is shown for not doing so the court 
shall order the payment of the costs of personal service by the 
person served u such person does not complete and return 
within 20 days after mailing, the notice and acknowledgment of 
receipt of summons. 
"(E) The notice and acknowledgment of receipt of summons 
and complaint shall be executed under oath or afilrmation. 
"(3) The court shall freely make special appointments to serve 
summonses and complaints under paragraph (2)(B) of this subdi-
vision of this rule and all other process under paragraph (1) of 
this subdivision of this rule.". 
(3) Rule 4(d) of such Rules is amended— 
(A) by striking out "SUMMONS: PERSONAL SERVICE" and 
inserting "SUMMONS AND COMPLAINT: PERSON TO BE 
SERVED in lieu thereof; and 
(B) bv striking out paragraph 7. 
(4) Rule 4(dX5) of such Rules is amended— 
(A) by striking out "delivering" and inserting "sending" 
in lieu thereof, and 
(B) by inserting "by registered or certified mail" after 
"complaint". 
(5) Rule 4(e) of such Rules is amended by striking out "SAME" 
and inserting "SUMMONS" in lieu thereof 
(6) Subdivision (g) of Rule 4 of such Rules is amended to read 
as follows: 
"(g) RETURN. The person serving the process shall make proof of 
service thereof to the court promptly and in any event within the 
time during which the person served must respond to the process. If 
service is made by a person other than a United States marshal or 
deputy United States marshal, such person shall make affidavit 
thereof If service is made under subdivision (cX2XCXii) of this rule, 
return shall be made by the sender's filing with the court the 
acknowledgment received pursuant to such subdivision. Failure to 
make proof of service does not affect the validity of the service.". 
(7) Rule 4 of such Rules is amended by adding at the end the 
following: 
"
0
"
) SUMMONS: TIME LIMIT FOR SERVICE. If a service of the sum-
mons and complaint is not made upon a defendant within 120 days 
£^r the filing of the complaint and the party on whose behalf such 
service was required cannot show good cause why such service was 
not made within that period, the action shall be (Usmissed as to that 
defendant without prejudice upon the court's own initiative with 
notice to such party or upon motion. This subdivision shall not apply 
to service in a foreign country pursuant to subdivision (i) of this 
rule.". 
28 use app. 
SEC. 3. The Appendix of Forms at the end of the Federal Rules of 
Civil Procedure is amended by inserting after Form 18 the following: 
PUBLIC LAW 97-462—JAN. 12, 1983 
96 STAT. 2529 
"FORM 18-A.—NOTICE AND ACKNOWLEDGMENT FOR SERVICE BY MAIL. 
"United States District Court for the Southern District of New York 
"CSvil Action, File Number 
"A. B., Plaintiff 
V. 
"C. D., Defendant 
Notice and Acknowledgment of Receipt of Summons and 
Complaint 
"NOTICE 
"To: (insert the name and address of the person to be served.) 
"The enclosed summons and complamt are served pursuant to 
Rule 4(cX2XCXii) of the Federal Rules of Civil Procedure. 
"You must complete the acknowledgment part of this form and 
return one copy of the completed form to the sender within 20 days. 
"You must sign and date the acknowledgment. If you are served 
on behalf of a corporation, unincorporated association (including a 
partnership), or other entity, you must indicate under your signa-
ture your relationship to that entity. If you are served on behalf of 
another person and you are authonized to receive process, you must 
indicate under your signature your authority. 
"If you do not complete and return the form to the sender within 
20 days, you (or the party on whose behalf you are being served) may 
be required to pay any expenses incurred in serving a summons and 
complaint in any other manner permitted by law. 
"If you do complete and return this form, you (or the party on 
whose behalf you are being served) must answer the complaint 
within 20 days. If you fail to do so, judgment by default will be taken 
against you for the relief demanded in the complaint. 
"I declare, under penalty of perjury, that this Notice and Ac-
knowledgment of Receipt of Summons and Complaint was mailed on 
(insert date). 
Signature 
Date of Signature 
96 STAT. 2530 
PUBLIC LAW 97-462—JAN. 12, 1983 
"ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT 
"I declare, under penalty of perjury, that I received a copy of the 
summons and of the complaint in the above-captioned manner at 
(insert address). 
Signature 
Relationship to Entity/Authority to 
Receive Service of Process 
Date of Signature". 
Effective date. 
SEC. 4. The amendments made by this Act shall take effect 45 days 
28 use 2071 
after the enactment of this Act. 
28 use 2071 
SEC. 5. The amendments to the Federal Rules of Civil Procedure, 
note. 
the effective date of which was delayed by the Act entitled "An Act 
to delay the effective date of proposed amendments to rule 4 of the 
Federal Rules of Civil Procedure", approved August 2,1982 (96 Stat. 
246), shall not take effect. 
SEC. 6. Section 951 of title 18, United States Code, is amended by 
striking out "$5,000" and inserting in lieu thereof "$75,000". 
Approved January 12, 1983. 
LEGISLATIVE HISTORY—H.R. 7154: 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Dec. 15, considered and passed House. 
Dec. 19, considered and passed Senate, amended. 
Dec. 20, House agreed to Senate amendment with an amendment. 
Dec. 21, Senate concurred in House amendment.