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Criminal Process

Description

In accordance with 28 USC 566(c) and Federal Rules of Criminal Procedure, Rules 4 and 9, U.S. Marshals or their deputies are authorized to execute federal court criminal process.

A law enforcement presence is usually required in the execution of criminal process. Often the U.S. Marshal will be commanded by the court to execute this process. However, if service can more easily be effected by another law enforcement officer, the court or the U.S. Attorney may appoint or approve an alternate server.

Returns on all process executed by the U. S. Marshals Service will be promptly filed with the appropriate court. The U.S. Marshal is concerned with the returns only for process served by U. S. Marshals Service personnel.

Note: The information related to the service of court process that is contained on this web site is general information and not intended to be an exhaustive or definitive explanation or depiction of Federal rules of procedures for the service of process. Readers are directed to the Federal Rules of Criminal and Civil Procedure; personal legal counsel; the United States Code, Titles 18 and 28; their local U.S. Attorney's Office and District Court for specific, authoritative guidance.