Henderson v. United States, 517 U.S. 654, 16 (1996)

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Cite as: 517 U. S. 654 (1996)

Opinion of the Court

congressional intent regarding the proper construction of Rule 4( j) and its interaction with other laws.").

Returning to the dispositive question, we need not linger over the answer. What we have so far said, and the further elaboration below, lead securely to this response: Rule 4 governs summons and service in this case in whole and not in part.

A plaintiff like Henderson, on commencement of an action under the Suits in Admiralty Act, must immediately resort to Rule 4 for instructions on service of process. See supra, at 657, and nn. 3, 4. In that Rule, one finds instructions governing, inter alia, form and issuance of the summons, service of the summons together with the complaint, who may serve process, and proof of service.14 The Rule also describes how service shall or may be effected on various categories of defendants,15 including, in detail, "the United States, and Its Agencies, Corporations, or Officers." 16 All these prescriptions, it is uncontested, apply in Suits in Admiralty Act cases, just as they apply in other federal cases. We see no reason why the prescription governing time for service 17 is not, as

14 Currently, Fed. Rule Civ. Proc. 4(a), (b), (c), and (l).

15 Currently, Fed. Rule Civ. Proc. 4(e)-(j).

16 Currently, Fed. Rule Civ. Proc. 4(i); formerly, Fed. Rule Civ. Proc. 4(d)(4). See supra, at 658, n. 4; Kenyon, 676 F. 2d, at 1232 (Boochever, J., concurring) (noting that § 2 of the Suits in Admiralty Act, 46 U. S. C. App. § 742, specifies mailing "by registered mail to the Attorney General of the United States," and commenting that the Federal Rule, then Rule 4(d)(4), supersedes, allowing "registered or certified mail"). The current Rule— 4(i)—further facilitates service when the United States is a party by permitting the United States Attorney to designate clerical employees to receive process and allowing service on the United States Attorney by mail. See Fed. Rule Civ. Proc. 4(i)(A).

17 The Government acknowledges the aim of the rulemakers, from the start, to provide " 'a uniform and comprehensive method of service for all actions against the United States,' " Brief for United States 19-20, n. 18 (quoting Advisory Committee's Notes on 1937 Adoption of Fed. Rule Civ. Proc. 4, 28 U. S. C. App., p. 641), but tenders a distinction between "method" and "timing" of service, Brief for United States 19-20,

669

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