(a) Issuance of Process. A party requesting the issuance of any process or who initiates a proceeding
in which the issuance of process is required by statue, rule, or order must prepare all required
forms. Where necessary, the party must present the process to the Clerk for signature and
sealing.
(b) Service of Process. Subject to subsection (c) of this rule, unless the plaintiff requests otherwise,
the Clerk must arrange for service of the summons and complaint by the United States
Marshal for a plaintiff authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as
a seaman under 28 U.S.C. § 1916. A request for that assistance is not necessary.
(c) Represented Parties. If an attorney represents a plaintiff authorized to proceed in forma pauperis
under 28 U.S.C. § 1915, or as a seaman under 28 U.S.C. § 1916, that attorney is deemed
specially appointed by the Court and must arrange for service of the summons and complaint.
(d) This rule does not apply to social security actions seeking review under 42 U.S.C. § 405(g).
COMMENT: This rule implements Federal Rule of Civil Procedure 4(c)(3).
When a plaintiff who qualifies for pauper status is represented by an
attorney, the attorney must arrange for service of process, but may seek
assistance for service from the United States Marshal at government
expense only after obtaining an Order Directing Service by the United
States Marshal.
COMMENT TO 2024 REVISIONS: Issuance and service of process in social
security actions are governed by the supplemental Rules for Social
Security Actions under 42 U.S.C. § 405(g).
January 1, 2024
United States District Court
Eastern District of Michigan
