Chambers Handbook for Judges - Federal Judicial Center

waiver avoids those costs, and is not required to serve an answer to the
complaint until sixty days after the date on which the request for waiver
was sent (ninety days if the defendant was addressed outside a judicial
district of the United States). A defendant is allowed to return the waiver
within thirty days of the date on which the request was sent (sixty days
from that date if the defendant is addressed outside any judicial district
of the United States).
The waiver of service provisions of Rule 4 apply to individuals, corporations,
or associations otherwise subject to service under the rule.
They do not apply to infants, incompetent persons, the United States,
or agencies, corporations, or officers of the United States. These defendants
must be served with copies of the summons and complaint in
the manner made applicable to them by Rule 4.
Rule 4 also contains provisions regulating the manner in which service
may be effected upon individuals located in the United States,
individuals located in a foreign country, corporations and associations,
the United States (including its agencies, corporations, or officers), state
and local governments, and foreign states.
F. Motion Practice
After the complaint is filed, the defendant may respond with motions,
an answer, or both. Law clerks may be asked to perform any or all of
the following duties in connection with a motion:
• Maintain in-office records and call to the judge’s attention motions
that are ready for decision;
• Read and analyze the motion, any responses, and briefs;
• Perform independent research supplementary to that contained
in the briefs of the parties;
• Attend hearings;
• Prepare memoranda for use by the judge regarding factual or legal
issues presented by the motion;
• Discuss the motion with the judge; and
28 Chambers Handbook for Judges’ Law Clerks and Secretaries