Harding, Linda et al v. Oneida County et al

Filing 4

ORDER that plaintiffs are to serve their complaint on defendants promptly. They should file proof of service of their complaint as soon as they have served each defendant. By May 8, 2012, plaintiffs are to file proof of service of their complaint on the defendants or tell the court why they cannot do so. Signed by Magistrate Judge Stephen L. Crocker on 3/12/2012. (Attachments: # 1 Procedure for serving individuals, # 2 Notice of lawsuit form, # 3 Waiver of summons form, # 4 Federal Rule of Civil Procedure 4, # 5 Wisconsin Statutes 801, # 6 Oneida County Summons) (jef),(ps)

PROCEDURE FOR SERVING A COMPLAINT ON
INDIVIDUALS
IN A FEDERAL LAWSUIT
A plaintiff who is allowed to proceed in a civil action brought pursuant to 42 U.S.C.
§ 1983 against state or county officials in their individual capacities or other individuals may
satisfy the service requirements of Fed. R. Civ. P. 4 by following one of two procedures.
Option One
Plaintiff may notify each defendant in writing of the filing of his lawsuit and request
that the defendant waive service of a summons. Fed. R. Civ. P. 4(d)(2). If plaintiff chooses
this method of service, he must
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complete for each defendant an original and one copy of a form titled “Notice
of a Lawsuit and Request to Waive Service of a Summons” (blank notice
forms are attached to this document);

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address a large envelope to each individual defendant and place the following
documents inside:
1) an original and one copy of the completed notice form;
2) a blank form titled “Waiver of Service of Summons” (also enclosed
with this procedure);
3) a copy of his complaint;
4) a copy of the court’s order allowing plaintiff to proceed, if such an
order was issued; and
5) a self-addressed, stamped envelope for the defendant’s use in
returning the waiver form to him;

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mail the envelope to each defendant by first-class mail or other reliable means;

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allow the defendants "a reasonable time to return the waiver, which shall be
at least 30 days from the date on which the request is sent . . . ." (Fed. R. Civ.
P. 4(d)(2)(F)).

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mail a copy of the signed waiver forms to the court for filing as proof of
service.

Option Two
Note well: This procedure need not be followed unless a defendant refuses to
complete and return a waiver form as described above.
Plaintiff may arrange to serve each defendant personally with a summons and
complaint. If plaintiff chooses this method of service, he must
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complete a summons form for each defendant (summons forms are available
on request from the clerk of court);

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present the completed summons forms to the clerk of this court to obtain his
signature and an imprint of the court’s seal;

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arrange for someone over the age of 18 years of age who is not a party to the
lawsuit to
1) deliver the signed and sealed summons and a copy of the complaint
to each defendant personally; or
2) leave the summons and complaint at the defendant’s house with a
person of suitable age and discretion who lives there with the
defendant; or
3) deliver the summons and complaint to an agent authorized by
appointment or by law to receive service of process on the defendant’s
behalf; or
4) serve defendant in accordance with state law, Fed. R. Civ. P.
4(h)(1)(A); Wis. Stat. § 801.11.

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file with the court an affidavit of the person who effected service of the
summons and complaint upon the defendants stating the time and date the
delivery was made and with whom the summons and complaint was left, or
showing a receipt signed by the defendant or other evidence of delivery. Fed.
R. Civ. P. 4(l).