Matters for Congressional Consideration

1. Status: Closed - Not Implemented

   Comments: In the fall of 1987, legislation, H.R. 3551, was reintroduced in the House addressing this recommendation. The U.S. Marshals Service anticipates that the legislation will be enacted in 1988.

   Matter: Congress should require that the established fees provide full recovery of marshals' actual operating costs to serve private civil process exclusive of the costs incurred to serve process for indigents.

2. Status: Closed - Not Implemented

   Comments: In the fall of 1987, legislation, H.R. 3551, was reintroduced in the House addressing this recommendation. The U.S. Marshals Service anticipates that the legislation will be enacted in 1988.

   Matter: Congress should revise 28 U.S.C. 1921 to give the Attorney General authority to periodically revise the fees that marshals charge for serving civil process for private litigants in federal court.

Recommendations for Executive Action

1. Status: Closed - Implemented

   Comments: The Judicial Conference developed amendments to Rule 4 of the Federal Rules of Civil Procedure which would require that civil process, at the request of a party, be made by a U.S. marshal, his deputy, or some person specifically appointed by the court.

   Recommendation: The Judicial Conference should develop amendments to Rule 4 of the Federal Rules of Civil Procedure which would require that civil process be served by persons especially appointed or approved by the courts to perform this function, except in those situations when service of process by marshals is specifically required by law or is deemed necessary by the courts.

   Agency Affected: Judicial Conference of the United States

2. Status: Closed - Implemented

   Comments: Justice implemented changes to improve coordination of movement of federal prisoners. This should result in reduced costs and danger to private citizens by reducing the number of commercial flights taken.

   Recommendation: The Attorney General should: (1) implement a definitive and detailed prisoner-movement priority system for trip coordinators to use when scheduling trips; (2) gather more specific deadline information for each prisoner movement; (3) require U.S. Attorneys' Offices to provide marshal personnel more timely information in order that the maximum amount of leadtimes are provided trip coordinators when scheduling trips; and (4) direct trip coordinators to critically evaluate each proposed prisoner movement for cost-effectiveness.

   Agency Affected: Department of Justice

3. Status: Closed - Implemented

   Comments: In passing P.L. 97-462, Congress designated that first-class mail be used rather than certified mail as the primary means of serving civil summonses and complaints. The use of first class is now authorized in every district regardless of whether a state's laws authorize it. This effort is consistent with this recommendation.

   Recommendation: The Judicial Conference should develop amendments to Rule 4 of the Federal Rules of Civil Procedure which would authorize all federal judicial districts to use certified mail as one of the methods of serving summonses and complaints, except when service is to be made to an infant or an incompetent, and complaints should designate the person who may properly sign for the receipt of such process.

   Agency Affected: Judicial Conference of the United States

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