List what the file shows about service before a default
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the date the complaint was filed, who is named as server, the method the paper describes, and whether a waiver is in the file. Do not write the proof of service.
- What the lawyer must review
- You prepare the proof. Rule 4(l) requires proof of service to the court unless service is waived. Except for service by a United States marshal or deputy marshal, proof must be by the server's affidavit. Rule 4(c) requires the summons to be served with the complaint, by any person who is at least 18 and not a party, within the time in Rule 4(m). Rule 4(m) requires dismissal without prejudice, or an order allowing a specified further time, if a defendant is not served within 90 days after the complaint is filed. Good cause requires an extension. Subdivision (m) does not apply to service in a foreign country. Rule 4(e) allows service on an individual by the state law of the district where the court sits or where service is made, or by personal delivery, leaving the papers at the dwelling with a resident of suitable age and discretion, or delivery to an authorized agent. Rule 55(a) is the clerk's entry of default when a party has failed to plead or otherwise defend and that failure is shown. You decide whether service is proved. State courts use their own service rules.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm each factual assertion with the witness and original record. Preserve the witness’s own knowledge and words, and check the court’s rules for this document.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Litigation hold for a collection file | Notice | AI use Yellow | Internal hold for the ledger, the contract, call recordings and the assignment chain when a collection suit or a consumer-debt dispute is reasonably anticipated. |
| AO 440 summons in a civil action (US district court): issue, serve and prove service | Form | AI use Red | Link to national form AO 440. |
| AO 398 notice of a lawsuit and request to waive service of a summons | Form | AI use Yellow | Link to AO 398, the Rule 4 notice asking a defendant to waive service of a summons. |
| AO 399 waiver of the service of summons | Form | AI use Yellow | Link to AO 399, the defendant's waiver of service under Rule 4. |
Signed-in accounts can read the full text of each one. All precedents.