Which service event starts an individual-capacity federal officer’s answer period?

Confirm individual capacity and the rule’s connection between the act or omission and duties performed on the United States’ behalf.

Preserve actual service on the officer or employee and on the United States attorney. Determine which occurred later.

Rule 4(i)(3) separately requires serving the United States and the officer or employee under the specified methods. A single entered date does not establish those requirements.

1. Identify the actual actor, pleading and required act.
2. Establish the specified event and applicable order.
3. Resolve the material conditions. This guide publishes no calculated date.
4. Check final-day conditions and preserve service and filing evidence separately.

Determine the actual later event under Rule 12(a)(3) before applying Rule 6(a). This guide does not compare two entered dates or publish a computed answer date.

Rule 6(a)(1) excludes the event day and counts intermediate calendar days. A final Saturday, Sunday or legal holiday carries the period forward to the next qualifying day. Rule 6(a)(6) includes federal and President or Congress declared holidays, plus state-declared holidays for forward periods in the district. Qualifying clerk inaccessibility is a separate filing condition.

This procedure requires comparing two actual service events. The isolated single-date preset cannot establish that comparison, service validity or another applicable procedural branch. No computed date or paid record is published.

Later event, rather than either assumed date

Rule 12(a)(3) expressly uses whichever actual service event is later. Do not silently substitute the official-capacity attorney-service event.

Actual capacity and connection with duties

The specified act or omission must occur in connection with duties performed on the United States’ behalf. This guide does not classify a disputed claim.

Separate service and changed periods

Read Rule 4(i)(3), the actual service record, any different federal statute and served Rule 12 motion. This guide does not decide valid service, cure or a changed period.

Actual court enlargement

Rule 6(b)(1) permits actual court enlargement for good cause. Before expiry, the court may act with or without motion or notice, or a request may be made. After expiry, a motion requires failure to act because of excusable neglect. A request or agreement is not a granted extension.

• This page does not establish effective service, merits, compliance or an actual court grant.
• Service and filing are different acts. Verify both when required.

• Confirm individual capacity and the rule’s connection between the act or omission and duties performed on the United States’ behalf.
• Rule 12(a)(3) expressly uses whichever actual service event is later. Do not silently substitute the official-capacity attorney-service event.
• The specified act or omission must occur in connection with duties performed on the United States’ behalf. This guide does not classify a disputed claim.
• Read Rule 4(i)(3), the actual service record, any different federal statute and served Rule 12 motion. This guide does not decide valid service, cure or a changed period.
• Rule 6(b)(1) permits actual court enlargement for good cause. Before expiry, the court may act with or without motion or notice, or a request may be made. After expiry, a motion requires failure to act because of excusable neglect. A request or agreement is not a granted extension.
• Complete the required service using the actual applicable method. Rule 5(b) ordinarily requires service on the attorney for a represented party unless the court orders otherwise. Preserve service evidence and verify effective delivery. Rule 5(d) separately governs filing. Rule 6(a)(4) ordinarily sets electronic filing at midnight in the court’s time zone and other filing at scheduled clerk closing; it does not establish the last instant of service by every method.