Federal Rules of Civil Procedure

Question 1

When is an action commenced?

Answer 1

When complaint filed with the court. When SOL is tolled is governed by state rule in a diversity action–for federal question it is tolled when filed.

Question 2

Who may serve process?

Answer 2

Any person over age 18 and not a party to the action may serve process

Question 3

Valid forms of service of process (general)

Answer 3

Personal service, leaving at the defendant’s usual place of abode with one of suitable age and discretion residing therein, or service upon an authorized agent of the defendant

Question 4

Waiving service of process

Answer 4

Plaintiff may request the defendant to waive service by mailing him a request to do so, if he is U.S.-based and does not waive, he will be liable for costs of service unless good cause for failure to waive.