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The term “administrator” has been substituted for “superintendent.” Rule 4(i), which governs the time limit for service, has been amended to set a reasonable deadline for getting an order entered on a motion to extend time for service. Addition to Reporter’s Notes, 2007 Amendment: New Administrative Order Number 20 prescribes minimum qualifications for private process servers appointed by the circuit courts, as well as the procedure for their appointment. To ensure the permanency of official court records, the original judgment, decree or order must be substituted for the facsimile copy within 14 days of transmission, but this step does not have any bearing on the effectiveness of the faxed document or the time for taking an appeal. Subdivision (b)(2) has also been revised to provide that “service by commercial delivery company is presumptively complete upon depositing the papers with the company.” This provision parallels that for service by mail, which “is presumptively complete upon mailing.” Subdivision (b)(3), which applies when the circuit court has continuing jurisdiction, has been amended to reflect the addition of new paragraph© of Rule 4(d)(8). Uncertainties have arisen in these circumstances about the effect of filing a pleading or paper with the wrong clerk. A subpoena issued by the clerk shall be under seal, state the name of the court and the title of the action, and command each person to whom it is directed to appear and give testimony at the time and place therein specified.
The change in Rule 4(c) eliminates the one former qualification (being at least eighteen years old) and incorporates by reference the expanded qualifications contained in the new Administrative Order. Addition to Reporter’s Notes, 2000 Amendment: Subdivision©(1) of the rule has been amended to provide that discovery materials, except for requests for admission, shall not be filed with the clerk unless the court so orders. District Courts for the Eastern and Western Districts of Arkansas; Rule 2-401(d)(2), Md. Addition to Reporter’s Notes, 2005 Amendment: Rule 5©(1) has been amended. A sentence has been added to subsection©(1) to make plain that, in these counties, a party complies with Rule 5 when the document is file marked by either the circuit clerk or the county clerk. An attorney admitted to practice in this State, as an officer of the court, may also issue and sign a subpoena in any action pending in a court of this State in which the attorney is counsel of record. A subpoena issued pursuant to subdivision (d), (e), or (f) of this rule may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable or oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents or tangible things. A subpoena for a trial or hearing or for a deposition may be served at any place within this State in the manner prescribed in this subdivision.
Addition to Reporter’s Notes, 2003 Amendment: Subdivision (d)(4) has been revised by replacing the phrase “confined in a state or federal penitentiary or correctional facility” with “incarcerated in any jail, penitentiary, or other correctional facility in this state.” This change makes the terminology consistent with that used in Rule 12(a), as amended in 2003. In that situation, the new last sentence provides that service may be made by certified mail, return receipt requested. For the applicable postal service regulations, see Domestic Mail Manual .
Addition to Reporter’s Notes, 2004 Amendment: Subdivision (d)(8)(A) of the rule has been divided into two paragraphs. Because delivery need not be restricted, there is no requirement that the addressee be a natural person or that the agent of the addressee be authorized in accordance with postal service regulations. More importantly, paragraph (A)(i) has been amended to establish less onerous requirements when service is made on the registered agent of a corporation or other organization. Addition to Reporter's Notes, 2012 Amendment: The summons form has been revised to include an "all purpose proof of service" form for service made by a sheriff, deputy sheriff, or other person (generally an appointed private process server) or, if service is by mail or commercial delivery company, the plaintiff, or an attorney for the plaintiff. In accordance with Rule 4(g) governing proof of service, the proof of service section of the summons includes an "affidavit of service" for service made by a person other than a sheriff or deputy sheriff and a "certificate of service or return" for service made by a sheriff or deputy sheriff. Except as otherwise provided in these rules, every pleading and every other paper, including all written communications with the court, filed subsequent to the complaint, except one which may be heard ex parte, shall be served upon each of the parties, unless the court orders otherwise because of numerous parties.
Addition to Reporter’s Notes, 2002 Amendment: Subdivision©(4) has been amended to refer to service by a commercial company, an option authorized by new paragraph© of subdivision (d)(8) and discussed below. It was deemed advisable in light of case law suggesting that Rule 4 is exclusive as to the recipients of process, despite language in subdivisions (d)(1) & (5) permitting service on an “agent authorized . Rule 5(b)(2) has been amended to require court approval of the commercial delivery company, a requirement imposed by new paragraph© of this rule. Paragraph© contains additional safeguards similar to those found in paragraph (A) for service by mail and requires, as does subdivision©(2) with respect to service by a private person, that the commercial delivery company be approved by the circuit court of the county where the action is filed or where service is to be made.If service is made by a person other than a sheriff or his deputy, the person shall make affidavit thereof, and if service has been by mail or commercial delivery company, shall attach to the affidavit a return receipt, envelope, affidavit or other writing required by Rule 4(d)(8).Proof of service in a foreign country, if effected pursuant to the provisions of a treaty or convention as provided in Rule 4(e)(4), shall be made in accordance with the applicable treaty or convention. At any time in its discretion and upon such terms as it deems just, the court may allow any summons or proof of service thereof to be amended unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the summons is issued. If service of the summons is not made upon a defendant within 120 days after the filing of the complaint, the action shall be dismissed as to that defendant without prejudice upon motion or upon the court’s initiative.In a change that reflects settled case law, paragraph (A)(i) has been rewritten to state expressly that the agent of the addressee “must be authorized in accordance with U. See generally Domestic Mail Manual (return receipt). In that situation, the new last sentence provides that service may be made by certified mail, return receipt requested. The language of the summons form is also updated consistent with changes in December 2009 to the comparable federal summons form. No service need be made upon parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served in the manner provided for service of summons in Rule 4. Under the prior version of the rule, the filing of such materials was optional absent a court order.Addition to Reporter’s Notes, 2006 Amendment: Subdivision (d)(8)(A) of the rule has been divided into two paragraphs. Because delivery need not be restricted, there is no requirement that the addressee be a natural person or that the agent of the addressee be authorized in accordance with postal service regulations. The changes to the federal form were part of a nearly three-year-long process to clarify and simplify the language of the Federal Rules of Civil Procedure. Any pleading asserting new or additional claims for relief against any party who has appeared shall be served in accordance with subdivision (b) of this rule. The judge may permit papers or pleadings to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk. Addition to Reporter’s Notes, 2002 Amendment: Since 1989, subdivision (b)(2) has allowed service of papers, other than the summons and complaint, on attorneys via commercial delivery companies.