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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.

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Period
90 calendar days
Trigger
Filing of the complaint
Rule
FRCP 4(m)
Federal Rules of Civil Procedure

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?

  1. Use the complaint filing date, not summons issuance or the date service was attempted.
  2. Exclude that day.
  3. Count 90 calendar days.
  4. 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.

Example counting steps
StepWhat is countedDate
TriggerFiling of the complaintAugust 4, 2026
Count90 calendar days after the triggerNovember 2, 2026
Example resultMonday, November 2, 2026

Fictitious dates. No additional state holiday, closure or different case order is assumed.

Try these dates in the calculator

Can 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.
FRCP 4(m)
  • 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)
Provisions used in this guide
ProvisionPurpose
Rule 4(l) and (m)Proof of service and the ordinary service period
Rule 4(m), continuedFailure, 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
Read the official Civil Rules compilation

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