Service of Process
Injunction or Temporary Restraining Order:
An injunction or temporary restraining order
is an order from the court prohibiting a party from performing or
ordering a specified act, either temporarily or permanently. Also, the
court may issue a protective order, including restraining orders or
injunctions, to preserve the availability of property subject to civil
forfeiture and to protect the interest of the United States in property
subject to forfeiture.
The injunction or order is normally limited
to execution within the issuing district, but may extend outside the
district or state upon order of the court if the court has personal (in
personam) jurisdiction over the named individual or under statutory
authority– i.e., in trademark and copyright cases. However, the parties
may only challenge the court's personal jurisdiction.
Issued By: A
U.S. District Court judge issues the injunction or order under the seal
of the clerk of the court.
The injunction or order is served by a U.S.
Marshal or another person, presumably a law enforcement officer,
specifically appointed by the court in accordance with Federal Rule of
Civil Procedure 4.1(a).
Manner of Service
Except in forfeiture actions when the United
States is the plaintiff, the requesting party may be required to provide
an indemnity bond and an advance deposit to cover the U.S. Marshal’s
estimated out-of-pocket expenses.
Service is accomplished by serving the within-named individual(s) or
addressee(s) in person. Unless there
is specific enforcement language in the order directed to the U.S.
Marshal, the Marshal has no responsibility or authority to assure
compliance with the order. If the party served fails to comply with the
order, the requesting party or the court may pursue legal action.
The individual effecting service will
provide proof of service by recording on the writ a description of the
action taken according to the instructions contained in it. The
instructions may require that an inventory be done, including the proper
value of the property seized.
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;
U.S. Attorney's Office and District Court for
specific, authoritative guidance.