alabama rules of civil procedure rule 4alabama rules of civil procedure rule 4

Effective November 23, 2020, Amendment to Rule 43. Rules of Civil Procedure, Rule 4(c) provides for either personal service or residence service. Civil Practice Law and Rules, 308 allows for personal or residence service. Failure of Delivery. If no acknowledgment is received within 20 days, must attempt personal service. Effective April 11, 2018, Amendment to Rules Rule 3(c), Rule 9(c), Rule 10(c), Rule 11(c), Rule 12, Rule 20(d), Rule 27(d), Rule 28(j), and Rule 30(a)(1). The subpoena shall specify a reasonable time no less than fifteen (15) days after service unless the court orders otherwise, and the manner of making the inspection and performing the related acts. Effective August 1, 2015, Amendment to Rules 3(d)(1), 11(c), 39(d)(4) and 57(j)(1). If no objection is timely served, the clerk shall cause the subpoena to be issued upon the expiration of fifteen (15) days from the service of the notice or upon the expiration of such other time as may have been allowed by the court. Upon request of the plaintiff separate or additional summons shall issue at any time against any defendant. If no acknowledgment is received within 20 days, must attempt personal service. (Amended eff. Rule 39(b)(1), Ala. R. App. Effective January 12, 2015, Amendment to Rule 12(f). There is no upper age limit for jurors at the state or federal level; courts only require that jurors be 18 years of age or older. Alabama Rules of Civil Procedure Commencement of Action; Service of Process, Pleadings, Motions, and Orders Rule 4 - Process: General and miscellaneous provisions Ala. R. Civ. 2010-04-06T14:52:47-05:00 10 0 obj <> endobj 7 0 obj <>stream PScript5.dll Version 5.2 Jury Duty Age 70 CaliforniaYou may contact Jury Administration at 909-884-1858 or 1-866-402-JURY (5879). The clerk shall enter the fact of mailing on the docket sheet of the action. When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it. Effective May 1, 2023. A pleading which sets The affirmative defenses listed in Rule 8 (c) are only a partial list of. Adoption of Rule 58(d), Amendment to Rules 47(b). Ten Steps to Doing Business with the USMS, Methods of Service on Individuals by State, Waiver of Service: Pauper and Seaman Cases. Code of Civil Procedure, 415.10 provides for personal service. A link to the complete set of each Rules is also provided. otherwise having some minimum contacts with this state and, under the circumstances, it is fair and reasonable to require the person to come to this state to defend an action. Service of the summons and complaint or other document to be served may be made as directed by the foreign authority in response to letters rogatory when service is calculated to give actual notice. Amendment to Rule 18.4(g) and 32.6. Effective immediately. Amended Rules 3-6, 11, 55, 58-59, 77, and 79, Amendment to Rule 71 Effective February 1. Effective June 1, 2010, Amendment to Rules 11(a)(3), 25, 26(a), 31, 32(a)(7) and 11(a)(4) [Rescinded]. The clerk shall place copies of the process and complaint or other document to be served in envelopes addressed to the defendant at all of defendants addresses as shown in plaintiffs affidavit and, where appropriate, in an envelope addressed to the defendant in care of the next-of-kin or other person who may know the defendants whereabouts as shown in plaintiffs affidavit. ), You should contact Constable Court Services Alabama Process Servers if you have specific questions about Process Serving in Alabama. 415.30 provides for service by first-class mail postage prepaid, together with two copies of a notice and acknowledgment of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to sender. Effective May 22, 2019, Amendment to Rule 12, Rule 15 and Rule 25. We hope you find it to be both useful and informative, Alabama.gov | Alabama Directory In addition, Rule 1-004(E) allows for service by first-class mail, postage prepaid, together with two copies of a notice and acknowledgment of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to sender. ALABAMA RULES OF CIVIL PROCEDURE SERVICE OF PROCESS Rule 4. h|YrF+z VQ0Y9q*j,Z@Sj8 (Ew@v*D8s~xn'g,CIW8 >N$g%EQ%FEoC{?Wnnq-1o?f5V^u#!_T3Yuw2F|^9=z_7MFM;lum'qQ\9-{//?OnHn`&"#e'}s"$91,qq^-CwS:vgH$'S({Z~+,6=PW[SKR2j`zz"=Los&Ic^]#7fxjp`g^tOp:~|2"LgNG1rv\8dRz}BGvb@iBHa%pa^ I)>A?IVL)O'yd'ID,I_<0iDm O=[slWOB (dc) District Court Rule. Effective January 12, 2015, Amendment to Rule 8(a) and (b), 10(a) and (b), 17(f), 18, 26(h)(2), 28(e), and Appendix A. Service outside of this state under this rule shall include service by certified mail and delivery by a process server; and each method shall be deemed to confer in personam jurisdiction. Style of Proceedings and Process Rule 4. (a) Claims for Relief. Rules of Civil Procedure, Rule 4(d) allows for personal or residence service. Adoption of Rule 45, Commercial Mail Carriers. Effective February 1, 2021. In a divorce action, publication of a notice in substantial compliance with the following form shall be deemed sufficient: substantial hardship in the payment of the cost of publication and. If the party serving the subpoena obtains copies of documents or things, that party shall make available a duplicate of such copies at the request of any other party upon the payment of the reasonable cost of making such copies. Effective November 23, 2020, Amendment to Rule 43(dc). Service upon any person who is a member of the group or body having responsibility for the administration of the entity shall be sufficient. The court from which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney fee. endstream endobj 25 0 obj <> endobj 26 0 obj <> endobj 27 0 obj <>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 28 0 obj <> endobj 29 0 obj <> endobj 30 0 obj <> endobj 31 0 obj [/ICCBased 37 0 R] endobj 32 0 obj <> endobj 33 0 obj <> endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream Alabama Rules of Civil Procedure II. Serve as used herein means mailing to the party or attorney. $18,990 (TOUCHLESS DELIVERY TO YOUR HOME) $21,990. Alternative to Publication in Certain Domestic Proceedings. The court may order notice of a motion under Rule 60(a) to be given, as is already true in Alabama in equity. be published at least once a week for four successive weeks. Rules of Civil Procedure, Rule 4 (d) allows for personal or residence service. The clerk shall forthwith enter the fact of mailing on the docket sheet of the action and make a similar entry when the return receipt is received. Effective July 1, 2019. Effective August 1, 2015, Amendment to Rules 32 (b)(4), 5(b), 5(d), 39(e). If no acknowledgment is received within 20 days, must attempt personal service. (Adopted 10/14/76, eff. Note from the reporter of decisions: The order amending Rule 1.1, Rule 1.2(c), Rule 4.2, and Rule 4.3, Alabama Rules of Professional Conduct, and amending Rule 11, Alabama Rules of Civil Procedure, and adopting Rule 87, Alabama Rules of Civil Procedure, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. Effective July 11, 2022. Amendments to Rule 20(A) and Appendix to Rule 32.1. Effective October 13, 2015, Amendment to Rules 2(c), 3(c), and 28. In addition, Rule 4 (c) (1) allows for service by first-class mail, postage prepaid, together with two copies of a notice and acknowledgment of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to sender. Civil Practice Rules, Rule 4:4-4(a)(1) allows for personal or residence service. Effective immediately. Civil Practice Section 6-6-20. . Thank you for visiting our website. Effective October 1, 2019, Amendments to Rule 5(b)(2) and Rule 21(a)(1) and adoption on Committee Comments to amendments to Rule 5(b)(2) and Rule 21(a)(1). JUDGMENT VIII. A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. Effective June 1, 2018. (dc) District court rule. The clerk shall forthwith enter the fact of mailing on the docket sheet of the action and make a similar entry when the return receipt is received. Privilege Rule 5. Service by certified mail shall be deemed complete and the time for answering shall run from the date of delivery to the named addressee or the addressees agent as evidenced by signature on the return receipt. Article 1234 allows for residence service. %PDF-1.4 % Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. (Adopted 10/14/76, effective 1/16/77; Amended 8/1/92; Amended eff. Service herein may be made by any person not less than eighteen (18) years of age who is not a party and who has been designated by order of the court. Amendments to Rule II.B, Rule IV.C, Rule V.B, Rule VI(A), and Rule VI(B)A(3), effective October 1, 2020. Superior Court - Civil Procedure Rule 4(c)(2) allows for personal or residence service. Effective July 9, 2021. Effective November 10, 2020. This Rule is substantially identical to DR 7-104(A)(1). To a claim historically equitable involving property under the control of the court (e.g., administration of an estate, interpleader, partition) or marital status which said claim has heretofore been deemed appropriate for service by publication where the identity or residence of a defendant is unknown or, where a resident defendant has been absent from that defendants residence for more than thirty days since the filing of the complaint and the method of service by publication in such instances is not specifically provided by statute; and. Process: General and miscellaneous provisions. TD'c]Y|'wEB3_t ]{gr!_s7u}R]uU=e"3L|_}D$$?Etl~/. Effective May 1, 2022. , Circuit Court of County. Amendment to Rule 32 and Form CS-41. Rules of Civil Procedure, Rule 4(d)(1) provides for either personal service or residence service. When the plaintiff files a written request with the clerk for service by delivery by a process server, service of the process and accompanying documents may be delivered to a person as set forth in subparagraph (a) of this rule by a person designated by order of the court to make service of process. endstream endobj 6 0 obj <> endobj 4 0 obj <> endobj 5 0 obj <> endobj 11 0 obj <> endobj 1 0 obj <> endobj 3 0 obj <>stream Illinois Rules of Civil Procedure, Rule 5/2-203 allows for personal or residence service. Effective January 30, 2020. Effective December 3, 2018. For the purpose of issuance and service of summons or other process, plaintiff shall include any party seeking the issuance of service of summons, and defendant shall include any party upon whom service of summons or other process is sought. PLEADINGS AND MOTIONS Rule 8. If no acknowledgment is received within 20 days, must attempt personal service. Effective February 1, 2021. All service of process within this state shall be made as provided in this rule except when service by publication is available pursuant to Rule 4.3. In the case of an organization, this Rule prohibits communications by a lawyer for one party concerning the matter in representation with persons having a managerial responsibility on behalf of the organization, and with any other person whose act or omission in connection with that matter may be imputed to the organization for purposes of civil or criminal liability or whose statement may constitute an admission on the part of the organization. (B) Subject to paragraph (d) (2) of this rule, a person commanded to produce and permit inspection and copying at any time before the time specified for compliance may serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. (Amended 6/17/75; Amended 10/14/76, effective 1/16/77; Amended 1/4/82, eff. Effective October 1, 2010, Amendment to Rule 21(a)(1)(E). NOTICE OF DIVORCE ACTIONJohn Doe, whose whereabouts is unknown, must answer Mary Does petition for divorce and other relief by July 1, 1975, or, thereafter, a judgment by default may be rendered against him in Case No. P. Petitions for a writ of certiorari seeking review of a decision of the Alabama Court of Civil Appeals, when no application for rehearing was filed, are required . Contempt Rule 9. (2) Attempt to determine whether the opposing party. 0000000016 00000 n Alabama Judicial System Alabama Rules for Civil Procedure All rules are in pdf format. How Served. Process: General and Miscellaneous Provisions Summons or Other Process Issuance Form Copy of Complaint or Other Document Plaintiff and Defendant Defined Instructions and Form Limits of Effective Service Upon Whom Process Served Individual Minor Incompetent Not Confined Incompetent Confined Rules of Civil Procedure, Rule 4(d) allows for either personal or residence service. Alabama Rules of Civil Procedure Commencement of Action; Service of Process, Pleadings, Motions, and Orders Rule 4.2 - Process: Basis for and methods of out-of-state service Ala. R. Civ. Sorry, you need to enable JavaScript to visit this website. Such activities with reference to documents or tangible things shall take place where the documents or tangible things are regularly kept or at some other reasonable place designated by the recipient. Amendment to Rule 32(A)(1) and Adoption of Committee Comments to Rule 32(A)(1). If no acknowledgment is received within 20 days, must attempt personal service. A person has sufficient contacts with the state when that person, acting directly or by agent, is or may be legally responsible as a consequence of that persons: This term person as used herein includes an individual, that persons executor, administrator, or other personal representative, or a corporation, partnership, association, or any other legal or commercial entity. The clerk shall place a copy of the process and complaint or other document to be served in an envelope and shall address the envelope to the person to be served at that persons last known address with instructions to forward. In addition, Rule 15-6-4(i) allows for service by first-class mail, postage prepaid, together with two copies of a notice and acknowledgment of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to sender. 10-1-95. Accordingly, the committee has conducted an exhaustive study of this matter and had consulted other interested individuals, groups and organizations including the Alabama Law Institute. Amendment to Rule 41 Dated 07/13/2012 [Rescinded], Amended with Appendix. xb```f``Zxb 1rV33X[i[$m-nn5xveRdAc Ri &!(f`Pfa$+d$G`7O2$0C. ), Amendment to Commentary to Canon 1, Canon 2, Canon 3.A(6) and Commentary to 3.A(6). (C) Content of subpoena for Production or Inspection. Note: to review proposed rules and leave public comments thereto, please visit the Rules Comments page here . Amendments to Rules Governing Admission to the Alabama State Bar, Amendment to Rule V. Effective January 12, 2015, Amendments to Rules 1, 2, 3, 5, 6(B), and Appendix. (a) In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so. Upon any governmental entity not mentioned above, by serving the person, officer, group, or body responsible for the administration of that entity or by serving the appropriate legal officer, if any, representing the entity. An official website of the United States government. The plaintiff shall furnish the clerk with sufficient copies of the complaint or other document to be served. Effective March 25, 2021, Amendment to Rule 23. (b) Venue of actions. The clerk shall enter the fact of notification on the docket sheet of the action. Rule 4 (a) (2) is amended to require that the summons served on the defendant should include notice . Process: General and Miscellaneous Provisions, Rule 4.1 Process: Methods of In-State Service, Rule 4.2 Process: Basis For and Methods of Out-Of-State Service, Rule 4.4 Process: Basis For and Methods of Service in a Foreign Country. Effective January 1, 2023. Upon the filing of the complaint or other document required to be served in the manner of an original complaint the clerk shall forthwith issue the required summons or other process for service upon each defendant. Effective May 1, 2022. The affidavit and copy of the notice shall constitute proof of service. Equity Rule 63. Amendment to Rule 32, associated forms, and Adoption of Committee Comments to the Amendment to Rule 32. Amendments to Rules 1, 2, 3, 5, 5.1, 6, 8, 8.1, 12, 13, 14, 15, 18, 20, 24, 26, 28, and 31. Adoption of Rule 8.1. Effective April 1, 2020. This Rule does not prohibit communication with a party, or an employee or agent of a party, concerning matters outside the representation. Rules of Civil Procedure, Rule 54.13 allows for personal or residence service. Effective September 20, 2018. 24 15 Meetings Rule 10. Court of Common Pleas Civil Rules, Rule 4(f) provides for personal or residence service. Service by mail pursuant to this subparagraph shall be deemed complete on the third day after mailing and the time for answering shall run from said third day after mailing. Amendment to Rule 19, Attachment One. Effective October 29, 2014, Amendments to Rules 9(a) and 9(b). prescribe general rules of civil procedure for the district courts. Further, Rule 4(d)(8)(B) allows for service by first-class mail postage prepaid, together with two copies of a notice and acknowledgment of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to sender. The rules, and subsequent amendments, were not to take effect until (1) they had been first reported to Congress by the Attorney General at the beginning of a regular session and (2) after the close of that session. Disqualification Rule 3. A link to the complete set of each Rules is also provided. 0000002774 00000 n 38 0 obj <>stream Rule 27 and 29 rescinded. When the defendant is an individual, service shall be complete by delivery to the individual personally and when the defendant is a corporation or partnership or association, service shall be complete by delivery to an officer or a managing or general agent. If no acknowledgment is received within 20 days, must again attempt personal service. 0000001683 00000 n ! Before sharing sensitive information, make sure youre on a federal government site. Effective December 16, 2021. Rules of Civil Procedure, Rule 4(j)(1) allows for either personal, residence, or registered or certified mail, restricted delivery service. In addition, Rule 4(c)(3) allows for service by first-class mail, postage prepaid, together with two copies of a notice and acknowledgment of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to sender. Alternate Dispute Resolution Rule 11. Puerto Rico Laws, Title 32, App. Procedure, is appealable as a matter of right pursuant to Rule 71B, Alabama Rules of Civil Procedure, and any appeal from such an order must be taken within 42 days (6 weeks) of the date of the entry of the order granting or denying such motion, or within the time allowed by an extension pursuant to Rule 77(d), Alabama Rules of Civil Procedure . 2010-04-06T14:52:47-05:00 Our Justices, Judges and staff share the sentiments of former United States Chief Justice Earl Warren when he stated that, "The success of any legal system is measured by its fidelity to the universal ideal of justice." The process shall notify the defendant that the time within which the defendant is required to appear shall begin to run on the third day after the date shown on the postmark on the envelope. Effective immediately, Amendment to Rule 8.3 Effective August 1, 2011, Amendment to Rules 1.1, 1.2(c),4.2 and 4.3, Amendment to Rule 1.15(e). Adoption of Alabama Rules of Privilege in Collaborative Law Practice, Order Abolishing the Collaborative Law Committee (Only the Committee itself is abolished, not the Rules themselves. Amendment to Rules 2(b), 5(b)(2), 21(a)(1)(F), and 28B. Appropriate basis exists for service of process outside of this state upon a person in any action in this state when (A) the person is, at the time of the service of process, either a nonresident of this state or a resident of this state who is absent from the state, and (B) the person has sufficient contacts with this state, as set forth in subdivision (a)(2) of this rule, so that the prosecution of the action against the person in this state is not inconsistent with the constitution of this state or the Constitution of the United States, or, the person is sued in the capacity of executor, administrator, or other personal representative of an estate for the acts or omissions of a decedent or ward, and the person so sued does not otherwise have sufficient contacts with this state in that capacity, but the decedent or ward would have been deemed to have sufficient contacts with this state if the action could have been maintained against the decedent or ward. 10/1/95.) Alabama Appellate Courts Rule Changes The following is a series of Rules amendments promulgated by the Supreme Court of Alabama and displayed here in chronological order. Motions under this rule must be in writing and must state with particularity the grounds of the motion. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. Effective November 8, 2019. Amendment to Rule 28(d)(6), Rule 32(a)(3)(A), and Rule 32(a)(4). Process other than a summons as provided in Rule 4 or subpoena as provided in Rule 45 shall be served by a sheriff or constable, or a person If no acknowledgment is received within 20 days, must attempt personal service. The clerk shall issue a subpoena to a party requesting it except that a subpoena for production or inspection, separate from a subpoena commanding the attendance of a person, shall issue from the court in which the action is pending pursuant to the additional requirements set forth below: (A) Notice of Intent to Serve subpoena for Production or Inspection. The return of the person serving process in the manner described herein shall be prima facie evidence that process has been served. Committee Comments See Committee Comments following Rule 4.4. Amendment to Rule 45A, Alabama Rules of Appellate Procedures. To a claim, whether legal or equitable, against a defendant who avoids service of process as described in subparagraph of this rule. In the event that the return receipt shows failure of delivery, service is complete when the serving party or the serving partys attorney, after notification by the clerk, files with the clerk an affidavit setting forth facts indicating the reasonable diligence utilized to ascertain the whereabouts of the party to be served, and service by publication is made under Rule 4.3. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. Amendment to Rule Rule 8(d)(1), Alabama Rules of Appellate Procedures. November 4, 2016 Posted by Jeremy W. Richter Rules of Civil Procedure. Microsoft Word - CV4_1.doc 3d. Upon the filing of the complaint, or other document required Effective January 1, 2018, Amendment to Rules 1 and 11(c). uuid:81c1abeb-0244-496f-8741-a05e65245a4c The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Nebraska Revised Statutes 25-505.01 allows for either personal service, residence service, or certified mail service. Rules of Civil Procedure, Rule 4.1 allows for either personal, residence, or certified, or express mail service. Rule 45 applies in the district courts. In this rule, as throughout the rules generally, the parties are allowed 30 days for responsive pleadings, in accord with present Alabama practice, rather than the 20 days permitted by the Federal Rules and similar state rules. Alabama Rules of Civil Procedure III. GENERAL RULES OF PLEADING. Code of Civil Procedure, Article 1232 allows for personal service. Committee Comments See Committee Comments following Rule 4.4. Upon an unincorporated organization or association by serving it in its entity name by certified mail at any of its usual places of business or by serving an officer or agent of any such organization or association or an officer or agent of any branch or local office of the organization or association; Professional Association, Professional Corporation, or Limited Liability Company. You personally should phone the other party(s) (or their lawyer, if they have one) The rules for ex parte applications in California are set out in California Rule of Court ("CRC") 3. General Statutes 52-57 allows for personal or residence service. (888) 364-7774constablecourtservices@gmail.com, Rule 4. Alabama Rules of Civil Procedure Trials Rule 41 - Dismissal of actions Ala. R. Civ. 415.20 provides for residence or office service. "Alabama: Report on the Judicial Discipline System" (by the American Bar Association's Standing Committee on Effective October 5, 2018. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person or by leaving a copy at the persons dwelling house or usual place of abode with some person of suitable age and discretion then residing therein and, if the persons attendance at a place more than 100 miles from the persons residence is commanded, by tendering to that person the fees for one days attendance and an amount to reimburse the mileage allowed by law. A subpoena may be served by the sheriff, a deputy sheriff, or by any other person who is not a party and is not less than eighteen (18) years of age. 0000006262 00000 n In addition, Rule 4D allows for service by first-class mail, postage prepaid, together with two copies of a notice and acknowledgment of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to sender. Communications authorized by law include, for example, the right of a party to a controversy with a government agency to speak with government officials about the matter. Rules of Civil Procedure, Rule 801.11 allows for personal service. Amendments to Rule 20(A) and Appendix B to Rule 20, effective January 30, 2020. contain a summary statement of the object of the complaint and demand for relief; notify the person to be served that that person is required to answer within thirty (30) days after the last publication on or before a date certain specified in the notice which said date shall be thirty (30) days after the last publication; and. 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. Amendment to Rule 32. Effective January 12, 2015, Amendment to Rule 1.15. PARTIES V. DEPOSITIONS AND DISCOVERY VI. When service of process by publication in domestic proceedings is otherwise proper under this rule and the affidavit made necessary by subparagraph (d)(1) of this rule has been filed, service of process may be made by first class mail in lieu of publication when the party requesting such service has also filed an affidavit setting forth. Effective September 20, 2018, Amendment to Rule 26(b)(1), 26(b)(2), 26(c), and Rule 37(g), and adoption of the Committee Comments. Under a 1949 amendment to 28 U.S.C., 2072, the Chief Justice of Service of the summons or other process and complaint or other document to be served may be made by delivery by a process server in the manner prescribed by Rule 4.2(b)(2), provided that either the court in which the action is pending or a foreign court may designate the person to make service of process. In addition, Rule 4(h) allows for service by certified mail, restricted delivery. Adoption of Rule 44. If a written request is filed with clerk, Rule 4.1(c) allows service by certified mail, restricted delivery.

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