1985 _ 4

GCO 1985-4

October 31, 1985

AMENDMENT TO RULE 4(d)(6)

OF THE RULES FOR CIVIL PROCEDURE

The Court having been advised that some state attorneys have encountered delays in being notified of lawsuits filed against the states under our current Rules of Civil Procedure, because the current rules do not require that service be made upon the chief legal officer of the state, although service upon the office of the FSM attorney general is required when lawsuits are initiated against the national government, and

It appearing that a requirement of service directly upon the chief legal officer of the state would enhance the likelihood of a prompt, enlightened and coordinated response by governments in lawsuits against a state or municipal corporation or other governmental organization, and

It further appearing that the addition of a requirement of service upon the chief legal officer of the state would not result in significant expense of hardship of any kind to opposing parties,

NOW THEREFORE IT IS HEREBY ORDERED THAT the Rules of Civil Procedure for this Court are hereby amended, by modifying Rule 4(d)(6) to read as follows:

4(d)(6) Upon a state or municipal corporation or other governmental organization thereof subject to suit, by delivering a copy of the summons and of the complaint to the chief executive officer thereof and by delivering, or sending by registered or certified mail, a copy of the summons and of the complaint to the attorney general or chief legal officer of that state; or by serving the summons and complaint in the manner prescribed by the law of that state for the service of summons or other like process upon any such defendant.

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	GCO 1985-4 October 31, 1985 AMENDMENT TO RULE 4(d)(6) OF THE RULES FOR CIVIL PROCEDURE The Court having been advised that some state attorneys have encountered delays in being notified of lawsuits filed against the states under our current Rules of Civil Procedure, because the current rules do not require that service be made upon the chief legal officer of the state, although service upon the office of the FSM attorney general is required when lawsuits are initiated against the national government, and It appearing that a requirement of service directly upon the chief legal officer of the state would enhance the likelihood of a prompt, enlightened and coordinated response by governments in lawsuits against a state or municipal corporation or other governmental organization, and It further appearing that the addition of a requirement of service upon the chief legal officer of the state would not result in significant expense of hardship of any kind to opposing parties, NOW THEREFORE IT IS HEREBY ORDERED THAT the Rules of Civil Procedure for this Court are hereby amended, by modifying Rule 4(d)(6) to read as follows: 4(d)(6) Upon a state or municipal corporation or other governmental organization thereof subject to suit, by delivering a copy of the summons and of the complaint to the chief executive officer thereof and by delivering, or sending by registered or certified mail, a copy of the summons and of the complaint to the attorney general or chief legal officer of that state; or by serving the summons and complaint in the manner prescribed by the law of that state for the service of summons or other like process upon any such defendant. * * * *