united-states civil-law civil-procedure us-federal-government federal-courts
Serving summons on a defendant who is a U.S. Federal Government official: original or copy?
<p>A civil lawsuit against federal government officials is served by certified mail. This is in accordance with <a href="https://www.law.cornell.edu/rules/frcp/rule_4" rel="nofollow noreferrer">Fed. R. Civ. P. 4 (i)</a>:</p>
<blockquote>
<p>(i) Serving the United States and Its Agencies, Corporations, Officers, or Employees.</p>
<p>(2) <em>Agency; Corporation; Officer or Employee Sued in an Official</em>
<em>Capacity.</em> To serve a United States agency or corporation, or a United
States officer or employee sued only in an official capacity, a party
must serve the United States and also send a <strong>copy</strong> of the summons and
of the complaint by registered or certified mail to the agency,
corporation, officer, or employee.</p>
</blockquote>
<p>The above law requires to mail the defendant a <strong>copy</strong> of the summons.</p>
<p>However the following Western District of VA <a href="http://www.vawd.uscourts.gov/media/3177/prose_hdbk.pdf" rel="nofollow noreferrer">Pro Se handbook</a> says (page 16):</p>
<blockquote>
<p>Generally, if you are suing the United States Government, you must
serve an <strong>original</strong> SUMMONS and a copy of the COMPLAINT on three
separate parties: (1) the head of the federal agency you are suing;
(2) the United States Attorney for the district; and (3) the United
States Attorney General in Washington, D.C.</p>
</blockquote>
<p><strong>Question: So which one is it? Should the defendant be served with a copy or the original summons?</strong></p>

<p>The court should give you two originals: one to be served, the other to be returned with proof of service attached.</p>
<p>If the court gives you only one original then just ask them whether they need the original or copy to be returned with proof of service, from which you will deduct what to serve.</p>
