14. Complaint for Negligence Under Federal Employers’ Liability Act. 15. Reserved. 16. Reserved. 17. Reserved. 18. Complaint for Interpleader and Declaratory Relief. 19. Motion to Dismiss, Presenting Defense of Failure to State a Claim. 20. Answer Presenting Defenses Under Rule 12(b). 21. Answer to Complaint Set Forth in Form 8, With Counterclaim for Interpleader. 22. Motion to Bring in Third-Party Defendant. [Deleted; effective March 16, 1964.] 22-A. Summons and Complaint Against Third-Party Defendant. 22-B. Motion to Bring in Third-Party Defendant. 23. Motion to Intervene as a Defendant Under Rule 24. 24. Request for Production of Documents, Etc., Under Rule 34. 25. Request for Admission Under Rule 36. 26. Allegation of Reason for Omitting Party. 27. [Abrogated] 28. Reserved. 29. Reserved. 30. Suggestion of Death Upon the Record Under Rule 25(a)(1). 31. Judgment on Jury Verdict. 32. Judgment on Decision by the Court. 33. Consent to Service by Electronic Means under Rule 5. I. SCOPE OF RULES—ONE FORM OF ACTION RULE 1. SCOPE OF RULES These rules govern the procedure in the district courts in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Rule 81. They shall be construed and administered to secure the just, speedy, and inexpensive determination of every action. [As amended; effective January 1, 2005.] Drafter’s Note 2004 Amendment The amendment adds the words “and administered” to the second sentence consistent with the 1993 amendment to the federal rule. As explained in the advisory committee notes to the federal rule, the purpose of this revision is to emphasize the court’s duty to ensure that litigation is resolved without undue cost or delay. RULE 2. ONE FORM OF ACTION There shall be one form of action to be known as “civil action.” II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS RULE 3. COMMENCEMENT OF ACTION A civil action is commenced by filing a complaint with the court. [As amended; effective October 1, 1959.] RULE 4. PROCESS (a) Summons: Issuance. Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it to the plaintiff or to the plaintiff’s attorney, who shall be responsible for service of the summons and a copy of the complaint. Upon request of the plaintiff, separate or additional summons shall issue against any defendants. [As amended; effective February 11, 1986.] (b) Same: Form. The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and county and the names of the parties, be directed to the defendant, state the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, and the time within which the defendant must appear and defend, and shall notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the complaint. When service of the summons is made by publication, the summons shall, in addition to any special statutory requirements, also contain a brief statement of the object of the action substantially as follows: “This action is brought to recover a judgment dissolving the contract of marriage (or bonds of matrimony) existing between you and the plaintiff,” or “foreclosing the mortgage of plaintiff upon the land (or other property) described in complaint,” or as the case may be. [As amended; effective January 1, 2005.] (c) By Whom Served. Process shall be served by the sheriff of the county where the defendant is found, or by a deputy, or by any person who is not a party and who is over 18 years of age, except that a subpoena may be served as provided in Rule 45; where the service of process is made outside of the United States, after an order of publication, it may be served either by any person who is not a party and who is over 18 years of age or by any resident of the country, territory, colony or province, who is not a party and who is over 18 years of age. [As amended; effective January 1, 2005.] (d) Summons: Personal Service. The summons and complaint shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Service shall be made by delivering a copy of the summons attached to a copy of the complaint as follows:

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