United States · Federal civil procedure
When must a federal civil plaintiff serve the summons and complaint?
Rule 4(m) ordinarily gives 90 days after filing the complaint to serve the defendant. Foreign-country service, specified notice service and court extensions require a separate check.
- Period
- 90 calendar days
- Trigger
- Filing of the complaint
- Rule
- FRCP 4(m)
December 1, 2025 compilation
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Which date starts this period?
Rule 4(m) measures its ordinary period from filing the complaint. Summons issuance and an attempted delivery do not replace that event.
Determine whether Rule 4(m) applies before counting. It excludes foreign-country service under Rules 4(f), 4(h)(2) and 4(j)(1).
A court may order a different period. Use the actual order rather than treating the ordinary calculation as an extension.
FRCP 4(m)How is the 90-day period counted?
- Use the complaint filing date, not summons issuance or the date service was attempted.
- Exclude that day.
- Count 90 calendar days.
- A final Saturday, Sunday or legal holiday carries the period to the next day that is not. Check additional state holidays and clerk inaccessibility.
The calculated date is the ordinary service limit. Filing proof of service is a separate step and does not itself serve the defendant.
FRCP 6(a)(1)What does a worked calculation look like?
Fictitious example
The complaint was filed on August 4 and ordinary domestic service is required. August 5–31 gives 27 days, September gives 30, October gives 31, and November 1–2 gives two. Day 90 is Monday, November 2.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Filing of the complaint | August 4, 2026 |
| Count | 90 calendar days after the trigger | November 2, 2026 |
Fictitious dates. No additional state holiday, closure or different case order is assumed.
Try these dates in the calculatorCan an exception or order change the deadline?
- Foreign-country service
- Rule 4(m) excludes service in a foreign country under Rule 4(f), 4(h)(2) or 4(j)(1). This 90-day preset does not determine its timetable.
- Specified notice service
- Rule 4(m) also excludes service of a notice under Rule 71.1(d)(3)(A).
- Failure and good cause
- After notice, the court must dismiss without prejudice against an unserved defendant or order service within a specified time. A good-cause showing requires an appropriate extension.
- The calculator does not decide whether service was valid, establish good cause, obtain an extension or select a foreign-service procedure.
What should I check before acting?
Common questions
The procedure and starting event
Does issuing the summons start these 90 days?
No. Rule 4(m) identifies filing the complaint. Use that date for its ordinary service period.
FRCP 4(m)Is an attempted delivery enough to complete service?
This calculation does not decide whether service succeeded. Rule 4(m) concerns a defendant being served, not merely an attempt.
FRCP 4(m)Does this preset apply to foreign-country service?
Rule 4(m) excludes foreign-country service under Rule 4(f), 4(h)(2) and 4(j)(1). Check the applicable method and orders separately.
FRCP 4(m)Exceptions and completion
Does good cause matter after the ordinary period?
Yes. If the plaintiff shows good cause for the service failure, Rule 4(m) requires the court to extend the period appropriately. The calculator cannot find good cause.
FRCP 4(m)Does the calculator automatically dismiss the case?
No. Rule 4(m) requires notice and court action. The court must dismiss without prejudice against that defendant or order service within a specified time.
FRCP 4(m)Does late proof necessarily make service invalid?
Rule 4(l)(3) says failure to prove service does not affect its validity. The court may permit proof to be amended.
FRCP 4(l)Do intermediate weekends count?
Rule 6(a)(1)(B) counts all intermediate days, including Saturdays, Sundays and legal holidays. Its final-day rollover is separate.
FRCP 6(a)(1)What if the clerk’s office is inaccessible on a filing deadline?
Unless the court orders otherwise, Rule 6(a)(3)(A) extends a filing deadline to the first accessible day that is not a Saturday, Sunday or legal holiday.
FRCP 6(a)(1), (3), (4) and (6)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Rule 4(l) and (m) | Proof of service and the ordinary service period |
| Rule 4(m), continued | Failure, good cause, extensions and express exclusions |
| FRCP 6(a)(1) | Trigger-day exclusion and intermediate calendar days |
| FRCP 6(a)(1), (3), (4) and (6) | Final-day rollover, holidays, clerk inaccessibility and filing cutoff |