Rule 4.1– Serving Other Process

    Continued from Rule 4 of the Federal Rules of Civil Procedure.

Definition of PROCESS:

n. (14c.) 1. The proceedings in any action or prosecution <due process of law>.  2. A summons or writ, especially to appear or respond in court <service of process>.  – Also termed judicial process; legal process.“[1]

Information About “Process”:

     Excerpt from Joseph Chitty’s A Practical Treatise on the Criminal Law:
     “Process is so denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writs or judicial means by which he is brought to answer.[2]  
    Excerpt from C.J.S.’s Process:
     “The term ‘process’ is not limited to ‘summons.’ In its broadest sense it is equivalent to, or synonymous with, ‘procedure,’ or ‘proceeding.’ Sometimes the term is also broadly defined as the means whereby a court compels a compliance with its demands
    ‘Process’ and ‘writ’ or ‘writs’ are synonymous, in the sense that every writ is a process, and in a narrow sense of the term ‘process’ is limited to judicial writ in an action, or at least to writs or writings issued from or out of a court, under the seal thereof and returnable thereto; but it is not always necessary to construe the term so strictly as to limit it to a writ issued by a court in the exercise of its ordinary Jurisdiction.”[3]
Unabridged Summary of Rule 4.1:

    Process— other than a summons (Rule 4) or a subpoena under subpoena (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 undeRule 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.

Definition of CIVIL CONTEMPT:
(1884) The failure to obey a court order that was issued for another party’s benefit.  A civil-contempt proceeding is a coercive or remedial in nature.  The usual sanction is to confine the contemnor until he or she complies with the court order.  The act (or failure to act) complained of must be within the defendant’s power to  perform, & the contempt order must state how the contempt may be purged.  Imprisonment for civil contempt is indefinite & for a term that lasts until the defendant complies with the decree.”
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References:

[1]: All definitions from: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: 1 Joseph Chitty, A Practical Treatise on the Criminal Law 338 (2d ed. 1826)

[3]: 72 C.J.S. Process 5 2, at 589 (1987). 

Transcript of Rule 4.1:

(a) In General. Process— other than a summons under Rule 4 or a subpoena under subpoana 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 undeRule 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.

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