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Notice of Amendments to the Federal Rules of Practice and Procedure Effective December 1, 2017

 
 

Congress has taken no action on the proposed amendments to the Federal Rules of Appellate, Bankruptcy and Civil Procedure, and the Federal Rules of Evidence adopted by the Supreme Court and transmitted to Congress on April 27, 2017. Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, amendments to the following rules take effect December 1, 2017:

The text of the new and amended rules and accompanying committee notes—along with extensive supporting documentation related to their adoption—are posted on the “Current Rules” page of the Judiciary’s website at: http://www.uscourts.gov/rules-policies/current-rules-practice-procedure.

In addition, the new and amended official bankruptcy forms are effective December 1, 2017.  As approved by the Judicial Conference, the forms govern all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending. The amended forms are posted on the website at: http://www.uscourts.gov/forms/bankruptcy-forms.


Federal Rules of Civil Procedure


Rule 4.   Summons


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(m)    Time Limit for Service.  If a defendant is not served within 90 days after the complaint is filed, the court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or order that service be made within a specified time.  But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.  This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1), or to service of a notice under Rule 71.1(d)(3)(A).


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Committee Note

 
This is a technical amendment that integrates the intended effect of the amendments adopted in 2015 and 2016.