Under FRCP 4(c), who may serve the summons and complaint?

• A. A sheriff.
• B. A party to the action.
• C. Any person who is at least 18 years old and not a party to the action.
• D. A private detective.

Answer: (C)

Under Rule 4(c), service of the summons and complaint must be effected by a person who is not a party to the action and who is at least 18 years old. This requirement ensures a neutral, reliable process and keeps the server separate from the parties’ litigation positions. Because the rule uses broad language—“any person who is at least 18 years old and not a party”—the pool of permissible servers includes sheriffs, private process servers, or any other suitable adult, not a party to the case. A party to the action cannot serve under this rule, which is why options describing a party or limiting the server to a specific occupation are not correct. The correct understanding is that the server can be any nonparty who is 18 or older.