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NO. 15-2 – PERIOD FOR EFFECTING SERVICE UNDER FED. R. CIV. P. 4(m)

An amendment to Fed. R. Civ. P. 4(m), reducing the period for effecting service from 120 days to 90 days went into effect on December 1, 2015. The U.S. Supreme Court’s order dated April 29, 2015 states:

“That the foregoing amendments to the Federal Rules of Civil Procedure shall take effect on December 1, 2015, and shall govern in all proceedings in civil cases thereafter commenced and, insofar as just and practicable, all proceedings then pending.” (emphasis added.)

To provide additional guidance, the Court further orders as follows:

IT IS HEREBY ORDERED that the 90-day time period for effecting service under Fed. R. Civ. P. 4(m) shall apply to all cases filed on or after December 1, 2015; and

IT IS FURTHER ORDERED that this amendment to Fed. R. Civ. P. 4(m) shall not apply to cases already pending as of December 1, 2015; and The Clerk is directed to post this Standing Order on the Court’s website.

SO ORDERED this 15th day of December, 2015.

s/ J. Thomas Marten

CHIEF JUDGE J. THOMAS MARTEN