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Rule 4.1.Serving Other Process

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 4.1 governs serving process other than a summons or subpoena, such as court orders, generally requiring service by a United States marshal or an appointed person and limiting where civil-contempt orders may be served.

Full Text of Rule 4.1

Text sizeJump to: (a) (b)

(a) In General. Process—other than a summons under Rule 4 or a subpoena under Rule 45—must be served by a United States marshal or deputy marshal or by a person specially appointed for that purpose. It may be served anywhere within the territorial limits of the state where the district court is located and, if authorized by a federal statute, beyond those limits. Proof of service must be made under Rule 4(l).
(b) Enforcing Orders: Committing for Civil Contempt. An order committing a person for civil contempt of a decree or injunction issued to enforce federal law may be served and enforced in any district. Any other order in a civil-contempt proceeding may be served only in the state where the issuing court is located or elsewhere in the United States within 100 miles from where the order was issued.
End

Amendment History

(Adopted April 22, 1993, effective December 1, 1993; amended April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Rule 4.1 fills a gap left by Rule 4. A summons is served under Rule 4 and a subpoena under Rule 45, but other process — for instance, an order a court issues during a case — needs its own service rule. Under Rule 4.1, that other process is generally served by a United States marshal or deputy, or by a person the court specially appoints, anywhere within the state where the district court sits (and beyond it when a federal statute allows). Proof of service is made under Rule 4(l).

The rule also addresses orders enforcing civil contempt. An order committing a person for civil contempt to enforce federal law may be served and enforced in any district. Any other civil-contempt order may be served only in the state where the issuing court sits, or elsewhere in the United States within 100 miles of where the order issued.

Frequently Asked Questions

What is “other process” under Rule 4.1?

It is process that is neither a summons (Rule 4) nor a subpoena (Rule 45) — most often a court order. Rule 4.1 supplies the method for serving it.

Who serves process under Rule 4.1?

Generally a United States marshal or deputy marshal, or a person the court specially appoints for that purpose.

Where can a civil-contempt order be served?

An order enforcing federal law by committing someone for civil contempt may be served in any district. Other civil-contempt orders may be served only in the issuing court’s state or within 100 miles of where the order issued (Rule 4.1(b)).

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 4.1), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source
Also known as: FRCP 4.1Fed. R. Civ. P. 4.1serving other processservice by United States marshalcivil contempt order service