Rule 44. Proof of Official Record
(a) Authentication.
(1) Domestic.
An official record kept within the United States, or any state, district, or commonwealth, or within a territory subject to the administrative or judicial jurisdiction of the United States, or an  entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by the officer's deputy, and accompanied by a certificate that such officer has the custody. The certificate may be made by a judge of a court of record of the district or political subdivision in which the record is kept, authenticated by the seal of the court, or may be made by any public officer having a seal of office and having official duties in the district or political subdivision in which the record is kept, authenticated by the seal of the officer's office.
(2) Foreign.
A foreign official record, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof; or a copy thereof, attested by a person authorized to make the attestation, and accompanied by a final certification as to the genuineness of the signature and official position (i) of the attesting person, or (ii) of any foreign official whose certificate of  genuineness of signature and official position relates to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation. A final certification may be made by a secretary of embassy or legation, consul general, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of the documents, the court may, for good cause shown, (i) admit an attested copy without final certification or (ii) permit the foreign official record to be evidenced by an attested summary with or without a final certification. The final certification is unnecessary if the record and the attestation are certified as provided in a treaty or convention to which the United States and the foreign country in which the official record is located are parties.
(b) Lack of Record.
A written statement that after diligent search no record or entry of a specified tenor is found to exist in the records of his office, designated by the statement, authenticated as provided in subdivision (a)(1) of this rule in the case of a domestic record, or complying with the requirements of subdivision (a)(2) of this rule for a summary in the case of a foreign record, is admissible  as evidence that the records contain no such record or entry.
(c) Other Proof.
This rule does not prevent the proof of official records or of entry or lack of entry therein by any other method authorized by law.


Rule 44.1. Determination of Foreign Law
A party who intends to raise an issue concerning the law of a foreign country shall give notice by pleadings or other reasonable written notice. The court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Federal Rules of Evidence. The court's determination shall be treated as a ruling on a question of law.


US Code as of: 01/26/98
Sec. 1696. Service in foreign and international litigation
     (a) The district court of the district in which a person resides or is found may order service upon him of any document issued in connection with a
     proceeding in a foreign or international tribunal. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or
     international tribunal or upon application of any interested person and shall direct the manner of service. Service pursuant to this subsection does not, of
     itself, require the recognition or enforcement in the United States of a judgment, decree, or order rendered by a foreign or international tribunal.
     (b) This section does not preclude service of such a document without an order of court.


US Code as of: 01/26/98
Sec. 1741. Foreign official documents
An official record or document of a foreign country may be evidenced by a copy, summary, or excerpt authenticated as provided in the Federal Rules of Civil
Procedure.


Sec. 1781. Transmittal of letter rogatory or request
     (a) The Department of State has power, directly, or through suitable channels -
          (1) to receive a letter rogatory issued, or request made, by a
          foreign or international tribunal, to transmit it to the
          tribunal, officer, or agency in the United States to whom it is
          addressed, and to receive and return it after execution; and
          (2) to receive a letter rogatory issued, or request made, by a
          tribunal in the United States, to transmit it to the foreign or
          international tribunal, officer, or agency to whom it is
          addressed, and to receive and return it after execution.
     (b) This section does not preclude -
          (1) the transmittal of a letter rogatory or request directly
          from a foreign or international tribunal to the tribunal,
          officer, or agency in the United States to whom it is addressed
          and its return in the same manner; or
          (2) the transmittal of a letter rogatory or request directly
          from a tribunal in the United States to the foreign or
          international tribunal, officer, or agency to whom it is
          addressed and its return in the same manner.


Sec. 1782. Assistance to foreign and international tribunals and to litigants before such tribunals
     (a) The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or
     other thing for use in a proceeding in a foreign or international tribunal, including criminal investigations conducted before formal accusation. The order
     may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person
     and may direct that the testimony or statement be given, or the document or other thing be produced, before a person appointed by the court. By virtue
     of his appointment, the person appointed has power to administer any necessary oath and take the testimony or statement. The order may prescribe the
     practice and procedure, which may be in whole or part the practice and procedure of the foreign country or the international tribunal, for taking the
     testimony or statement or producing the document or other thing. To the extent that the order does not prescribe otherwise, the testimony or statement
     shall be taken, and the document or other thing produced, in accordance with the Federal Rules of Civil Procedure.
     A person may not be compelled to give his testimony or statement or to produce a document or other thing in violation of any legally applicable privilege.
     (b) This chapter does not preclude a person within the United States from voluntarily giving his testimony or statement, or producing a document or other
     thing, for use in a proceeding in a foreign or international tribunal before any person and in any manner acceptable to him.


US Code as of: 01/26/98
Sec. 1783. Subpoena of person in foreign country
     (a) A court of the United States may order the issuance of a subpoena requiring the appearance as a witness before it, or before a person or body
     designated by it, of a national or resident of the United States who is in a foreign country, or requiring the production of a specified document or other
     thing by him, if the court finds, that particular testimony or the production of the document or other thing by him is necessary in the interest of justice,
     and, in other than a criminal action or proceeding, if the court finds, in addition, that it is not possible to obtain his testimony in admissible form without his
     personal appearance or to obtain the production of the document or other thing in any other manner.
     (b) The subpoena shall designate the time and place for the appearance or for the production of the document or other thing. Service of the subpoena
     and any order to show cause, rule, judgment, or decree authorized by this section or by section 1784 of this title shall be effected in accordance with the
     provisions of the Federal Rules of Civil Procedure relating to service of process on a person in a foreign country. The person serving the subpoena shall
     tender to the person to whom the subpoena is addressed his estimated necessary travel and attendance expenses, the amount of which shall be
     determined by the court and stated in the order directing the issuance of the subpoena.


Sec. 1784. Contempt
     (a) The court of the United States which has issued a subpoena served in a foreign country may order the person who has failed to appear or who has
     failed to produce a document or other thing as directed therein to show cause before it at a designated time why he should not be punished for contempt.
     (b) The court, in the order to show cause, may direct that any of the person's property within the United States be levied upon or seized, in the manner
     provided by law or court rules governing levy or seizure under execution, and held to satisfy any judgment that may be rendered against him pursuant to
     subsection (d) of this section if adequate security, in such amount as the court may direct in the order, be given for any damage that he might suffer
     should he not be found in contempt. Security under this subsection may not be required of the United States.
     (c) A copy of the order to show cause shall be served on the person in accordance with section 1783(b) of this title.
     (d) On the return day of the order to show cause or any later day to which the hearing may be continued, proof shall be taken. If the person is found in
     contempt, the court, notwithstanding any limitation upon its power generally to punish for contempt, may fine him not more than $100,000 and direct that
     the fine and costs of the proceedings be satisfied by a sale of the property levied upon or seized, conducted upon the notice required and in the manner
     provided for sales upon execution.


Rule 4. Summons
(a) Form.
The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff. It shall also state the time within which the defendant must appear and defend, and notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the complaint. The court may allow a summons to be amended.
(b) Issuance.
Upon or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is in proper form, the clerk shall sign, seal, and issue it to the plaintiff for service on the defendant. A summons, or a copy of the summons if addressed to multiple defendants, shall be issued for each defendant to be served.
(c) Service with Complaint; by Whom Made.
(1) A summons shall be served together with a copy of the complaint. The plaintiff is responsible for service of a summons and complaint within the time allowed under subdivision (m) and shall furnish the person effecting service with the necessary copies of the summons and complaint.
(2) Service may be effected by any person who is not a party and who is at least 18 years of age. At the request of the plaintiff, however, the court may direct that service be effected by a United States marshal, deputy United States marshal, or other person or officer specially appointed by the court for that purpose. Such an appointment must be made when the plaintiff is authorized to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 or is authorized to proceed as a seaman under 28 U.S.C. § 1916.
(d) Waiver of Service; Duty to Save Costs of Service; Request to Waive.
(1) A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.
(2) An individual, corporation, or association that is subject to service under subdivision (e) , (f) , or (h) and that receives notice of an action in the manner provided in this paragraph has a duty to avoid unnecessary costs of serving the summons. To avoid costs, the plaintiff may notify such a defendant of the commencement of the action and request that the defendant waive service of a summons. The notice and request (A) shall be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer or managing or general agent (or other agent authorized by appointment or law to receive service of process) of a defendant subject to service under subdivision (h) ;
(B) shall be dispatched through first-class mail or other reliable means;
(C) shall be accompanied by a copy of the complaint and shall identify the court in which it has been filed;
(D) shall inform the defendant, by means of a text prescribed in an official form promulgated pursuant to Rule 84 , of the consequences of compliance and of a failure to comply with the request;
(E) shall set forth the date on which request is sent;
(F) shall allow the defendant a reasonable time to return the waiver, which shall be at least 30 days from the date on which the request is sent, or 60 days from that date if the defendant is addressed outside any judicial district of the United States; and
(G) shall provide the defendant with an extra copy of the notice and request, as well as a prepaid means of compliance in
writing.  If a defendant located within the United States fails to comply with a request for waiver made by a plaintiff located within the
United States, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure be shown.
(3) A defendant that, before being served with process, timely returns a waiver so requested is not required to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the United States.
(4) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in paragraph (3), as if a summons and complaint had been served at the time of filing the waiver, and no proof of service shall be required.
(5) The costs to be imposed on a defendant under paragraph (2) for failure to comply with a request to waive service of a summons shall include the costs subsequently incurred in effecting service under subdivision (e), (f), or (h), together with the costs, including a reasonable attorney's fee, of any motion required to collect the costs of service.
(e) Service Upon Individuals Within a Judicial District of the United States.
Unless otherwise provided by federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in any judicial district of the United States:
(1) pursuant to the law of the state in which the district court is located, or in which service is effected, for the service of a summons upon the defendant in an action brought in the courts of general jurisdiction of the State; or
(2) by delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.
(f) Service Upon Individuals in a Foreign Country.
Unless otherwise provided by federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in a place not within any judicial district of the United States:
(1) by any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; or
(2) if there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:
(A) in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or
(B) as directed by the foreign authority in response to a letter rogatory or letter of request; or
(C) unless prohibited by the law of the foreign country, by
(i) delivery to the individual personally of a copy of the summons and the complaint; or
(ii) any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be
served; or
  (3) by other means not prohibited by international agreement as may be directed by the court.
(g) ServiceUpon Infants and Incompetent Person.
Service upon an infant or an incompetent person in a judicial district of the United States shall be effected in the manner prescribed by the law of the state in which the service is made for the service of summons or like process upon any such defendant in an action brought in the courts of general jurisdiction of that state. Service upon an infant or an incompetent person in a place not within any judicial district of the United States shall be effected in the manner prescribed by paragraph (2)(A) or (2)(B) of subdivision (f) or by such means as the court may direct.
(h) Service Upon Corporations and Associations.
Unless otherwise provided by federal law, service upon a domestic or foreign corporation or upon a partnership or other unincorporated association that is subject to suit under a common name, and from which a waiver of service has not been obtained and filed, shall be effected:
(1) in a judicial district of the United States in the manner prescribed for individuals by subdivision (e)(1) , or by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant, or
(2) in a place not within any judicial district of the United States in any manner prescribed for individuals by subdivision (f) except personal delivery as provided in paragraph (2)(C)(i) thereof.
(i) Service Upon the United States, and its Agencies, Corporations, or Officers.
(1) Service upon the United States shall be effected
(A) by delivering a copy of the summons and of the complaint to the United States attorney for the district in which the action is brought or to an assistant United States attorney or clerical employee designated by the United States attorney in a writing filed with the clerk of the court or by sending a copy of the summons and of the complaint by registered or certified mail addressed to the civil process clerk at the office of the United States attorney and
(B) by also sending a copy of the summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District of Columbia, and
(C) in any action attacking the validity of an order of an officer or agency of the United States not made a party, by also sending a copy of the summons and of the complaint by registered or certified mail to the officer or agency.
(2) Service upon an officer, agency, or corporation of the United States shall be effected by serving the United States in the manner prescribed by paragraph (1) of this subdivision and by also sending a copy of the summons and of the complaint by registered or certified mail to the officer, agency, or corporation.
(3) The court shall allow a reasonable time for service of process under this subdivision for the purpose of curing the failure to serve multiple officers, agencies, or corporations of the United States if the plaintiff has effected service on either the United States attorney or the Attorney General of the United States.
(j) Service Upon Foreign, State, or Local Governments.
(1) Service upon a foreign state or a political subdivision, agency, or instrumentality thereof shall be effected pursuant to 28 U.S.C. § 1608.
(2) Service upon a state, municipal corporation, or other governmental organization subject to suit, shall be effected by delivering a copy of the summons and of the complaint to
its chief executive officer 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.
(k) Territorial Limits of Effective Service.
(1) Service of a summons or filing a waiver of service is effective to establish jurisdiction over the person of a defendant
(A) who could be subjected to the jurisdiction of a court of general jurisdiction in the state in which the district court is located, or
(B) who is a party joined under Rule 14 or Rule 19 and is served at a place within a judicial district of the United States and not more than 100 miles from the place from which
the summons issues, or
(C) who is subject to the federal interpleader jurisdiction under 28 U.S.C. § 1335, or
(D) when authorized by a statute of the United States.
(2) If the exercise of jurisdiction is consistent with the Constitution and laws of the United States, serving a summons or filing a waiver of service is also effective, with respect to
claims arising under federal law, to establish personal jurisdiction over the person of any defendant who is not subject to the jurisdiction of the courts of general jurisdiction of any
state.
(l) Proof of Service.
If service is not waived, the person effecting service shall make proof thereof to the court. If service is made by a person other than a United States marshal or deputy United
States marshal, the person shall make affidavit thereof. Proof of service in a place not within any judicial district of the United States shall, if effected under paragraph (1) of
subdivision (f) , be made pursuant to the applicable treaty or convention, and shall, if effected under paragraph (2) or (3) thereof, include a receipt signed by the addressee or
other evidence of delivery to the addressee satisfactory to the court. Failure to make proof of service does not affect the validity of the service. The court may allow proof of
service to be amended.
(m) Time Limit for Service.
If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative after notice
to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good
cause for the failure, the court shall extend the time for service for an appropriate period. This subdivision does not apply to service in a foreign country pursuant to subdivision (f)
or (j)(1) .
(n) Seizure of Property; Service of Summons not Feasible.
(1) If a statute of the United States so provides, the court may assert jurisdiction over property. Notice to claimants of the property shall than be sent in the manner provided by
the statute or by service of a summons under this rule.
(2) Upon a showing that personal jurisdiction over a defendant cannot, in the district where the action is brought, be obtained with reasonable efforts by service of summons in
any manner authorized by this rule, the court may assert jurisdiction over any of the defendant's assets found within the district by seizing the assets under the circumstances and
in the manner provided by the law of the state in which the district court is located.