MBE Rules · Civil Procedure
Rule 4 — service of process
FRCP 4
The rule
A summons and complaint must be served within 90 days of filing (Rule 4(m)) or the court must dismiss without prejudice or order service by a specified time. Individuals may be served by personal delivery, leaving at dwelling with a person of suitable age and discretion residing there, delivery to an authorized agent, or any method authorized by state law where service is made or where the court sits.
In plain English
Rule 4 governs how the defendant is formally notified of the lawsuit. Miss the 90-day window without good cause and the case gets tossed. The 'usual abode' method is heavily tested — the person left with must live there and be suitably mature.
Memory hook
PALS: Personal, Abode, aLternate-agent, State law.
The trap
Leaving papers with a co-worker at defendant's office is NOT valid abode service.
How examiners test it
Facts show service on a roommate or babysitter — test whether that person 'resides there' and is of suitable age.
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