The amendment is technical. No substantive change is intended

Committee Comments on Complete Revision to Rules 4, 4.1, 4.2, 4.3, and 4.4, effective August 1, 2004 Committee Comments to Amendment to Rule 4 Effective August 1, 2004 Subdivision (a) is unchanged, except that the copy of the complaint to be served shall show the case number assigned to the action. Subdivision (b) is new to Alabama. It is borrowed from Fed.R.Civ.P. 4(m). The text is taken from the federal rule, except for the provisions for 14 days’ notice and for fictitious-party practice. Former 4(b) is now 4.2(a). Subdivision (c). Former subdivisions (6)-(9) are combined into a new subdivision (6). The former provision allowing corporations and other business entities to be served by certified mail at any of their usual places of business has been eliminated. Now, personal or certified mail service must be directed to the registered or appointed agent or to a specific person, such as an “officer.” Subdivision (6) is patterned on Rule 4(d)(5), Ark.R.Civ.P., and Fed.R.Civ.P. 4(h)(1). The phrase “managing or general agent” is used in a majority of the states and has been interpreted in many federal cases. The intent is to adopt the majority rule of federal caselaw in interpreting the phrase “managing or general agent.” Former subdivisions (11)-(13) are combined into a new subdivision (8), which governs service on all types of local governmental entities. New subdivision (8) is patterned after Rule 4(d)(7), Ark.R.Civ.P., and Rule 1-004 F. (4) through (5), N.M.R.Civ.P. Subdivision (d) is unchanged. Subdivision (e) is unchanged. Subdivision (f) is unchanged. Subdivision (g) is unchanged. Subdivision (h) as amended deletes the former provisions allowing the defendant’s attorney to accept or waive service and requiring the acceptance or waiver to be in writing and to be signed by the defendant and a credible witness. Subdivision (i) includes provisions that were formerly in Rule 4.1. Subdivision 4(i)(1)(B) eliminates the requirement for a court order to designate a person, other than the sheriff, as a private process server. Former 4.1(b)(2) required a court order to designate, prior to service, a specific person to be a private process server. Subdivision 4(i)(1)(C) requires the return to show the name, address, and telephone number of the person serving process. New 4(i)(2)(C) provides greater detail as to who signs for receipt of certified mail. If the defendant is an entity, such as a corporation within Rule 4(c)(6), the “addressee” will have to be a person defined in that rule, such as an “officer” or a “managing agent.” An “agent” of the addressee may validly receive and sign for the certified mail, if that “agent” is a person specifically authorized by the addressee to receive the addressee’s mail. For example, an officer of a corporate defendant would be a proper “addressee” for serving the corporation by certified mail, and that officer could have designated a secretary or mail clerk to be the person who regularly receives the officer’s mail. That secretary or mail clerk would be a proper “agent” to sign the receipt for certified mail addressed to the officer. Also, new 4(i)(2)(C) provides that no action shall be dismissed for improper service if the defendant actually received the summons and complaint in time to avoid a default. For a corporate defendant, a “defendant” with actual receipt would include persons designated in Rule 4(c)(6) to receive service of process (officers, managing agents, etc.). Subdivision (dc) is unchanged. Committee Comments to Amendments to Rule 4 Effective October 24, 2008 Rule 4(a). Although Rule 4(a)(1) "Issuance" was not amended at this time, it is the intent of these amendments that issuance by the clerk includes electronically generated documents. Similarly, the reference in Rule 4(a)(2) to the clerk's signature now includes an electronic signature. See Rule 30(G) of the Alabama Rules of Judicial Administration. The insertion in Rule 4(a)(3) of "accompany" in place of "attached" is a technical amendment intended to encompass both paper and electronic filing. This section has also been amended to eliminate the requirement for additional service copies when electronic filing is used. The change to Rule 4(a)(5) is required by the amendment to Rule 4(i)(2) that creates an alternative procedure for certified mail service. Rule 4(i). Rule 4(i)(2) is amended to continue the present method of certified mail service by written request to the clerk and to add a new alternative method by which the plaintiff may initiate certified mail service with notice to the clerk. The procedure to be followed is set out in Rule 4(i)(2)(B)(ii), a new paragraph added by this amendment. This change makes it clear that if a plaintiff elects to use certified mail service it is the plaintiff's option to use either of the alternative methods now provided. Whatever method of certified mail service is used, the return receipt must include the case number and must be addressed to the clerk of the court in which the action is pending. Committee Comments to Amendment to Rule 4, Effective July 1, 2016 Rule 4(a)(2) is amended to require that the summons served on the defendant should include notice that entry of a default judgment is a possible consequence of a served defendant’s failure to appear or to defend, rather than an automatic result, as the previous language suggested. Rule 4(c)(2) requires service on a minor by and through his or her mother, father, or other representative as set out in the rule and, in addition, previously required that minors over 12 years of age be served personally. The rule is amended to require separate, additional personal service only on minors over the age of 16, it appearing that separate delivery of legal process to minors under that age is without practical benefit. Rule 4(c)(5) is amended to incorporate the contemporaneous amendment to Rule 4(c)(2) limiting the requirement for separate personal service to minors over the age of 16 to require personal service on an incarcerated minor only if the minor is over the age of 16. Rule 4(h) is amended to state the manner for acceptance or waiver of service of process -- by a document signed by a defendant and filed in the manner set out in the amended rule. Rule 4(i)(1)(B) is amended to require that persons designated to serve process under this section must be not less than nineteen (19) years of age and must not be a party to the action or related within the third degree by blood or marriage to the party seeking service of process. Rule 4(i)(1)(C) is amended to specifically encompass service on both the defendant and substituted service on other persons who may be served on the defendant's behalf as provided by Rule 4(c). The amendment sets out new, specific requirements as to how service of process is to be made and how the return of service is to be made. There has been a significant increase in the number of cases in which a plaintiff elects to use a person designated for service of process rather than the sheriff or other officer, and this amendment addresses that change by providing detailed procedural guidance. This section now sets out with specificity the manner in which service must be made and how it must be returned to the clerk of the issuing court. The amendments to the second paragraph of this section set out in detail the information identifying the server that must be provided on each of the respective returns made by sheriffs, deputy sheriffs, constables, or persons designated for service of process. Rule 4(i)(1)(D) is amended to increase to sixty (60) days the time in which a person serving process must make a return to the clerk of court upon failure of service as a more practical time frame than the previous thirty- (30-) day period, considering the administrative procedures involved. Rule 4(i)(2)(D) is amended to increase to sixty (60) days the time in which undelivered certified mail must be returned, conforming this subsection to the contemporaneous amendment to Rule 4(i)(1)(D). Committee Comments to Adoption of Rule 4(i)(3) Effective August 14, 2023 Rule 4(i) is amended to add a new subdivision (3) that permits service by a "commercial carrier." Rule 45 of the Rules of Judicial Administration, adopted effective February 26, 2020, allows circuit clerks to substitute service by certified mail with service by a commercial carrier approved by the Administrative Director of Courts ("the Director"). Rule 4(i)(3) permits the serving attorney or party to elect service by a commercial carrier. If the clerk is requested to initiate the service by commercial carrier, Rule 4(i)(3)(A)(i) restricts the clerk to using a commercial carrier that has been approved by the Director. The current list of approved commercial carriers can be ascertained by contacting the Administrative Office of Courts ("AOC"). If the attorney or party initiates the service by commercial carrier, the attorney or party may use any "commercial carrier" within the definition stated in Rule 4(i)(3)(A)(ii). A new Form 1C. has been adopted to be used as a summons when service is made by commercial carrier, and that form has been added to Appendix I to these rules. If service by commercial carrier is initiated by the attorney or party, instead of by the clerk, the commercial carrier's evidence of service shall be returned to the initiating attorney or party, who shall then file with the court a "Proof of Service by Commercial Carrier" document containing the information required by Rule 4(i)(3)(C). A new Form 1D. has been adopted to serve as a "Proof of Service by Commercial Carrier" document, and that form has been added to Appendix I to these rules. Note that the commercial carrier's delivery charges to the initiating attorney or party may be greater than the amount charged to the clerk, which amount may be governed by an AOC-negotiated discounted rate. Additionally, although Rule 4(e) sets forth a procedure to be followed when service of process has been refused, that procedure applies only to attempted service by certified mail or by a process server. Rule 4(e) does not apply to refusals of attempted service by commercial carrier. If attempted service by commercial carrier cannot be completed, the serving attorney or party will have to reattempt service by commercial carrier or attempt a different form of service. Note from the reporter of decisions: The order amending Rules 4, 4.1, 4.2, 4.3, 4.4, 6(a), 7(b)(2), 17(a), 22(c), and 26(b), Alabama Rules of Civil Procedure, effective August 1, 2004, is published in that volume of Alabama Reporter that contains Alabama cases from 867 So.2d. Note from the reporter of decisions: The order amending effective October 24, 2008, Rule 3, Rule 4, Rule 5, Rule 6, Rule 11, Rule 55, Rule 58, Rule 59.1, Rule 77, and Rule 79, and adopting effective October 24, 2008, the Committee Comments to Amendment to Rule 3(b) Effective October 24, 2008; Committee Comments to Amendments to Rule 4 Effective October 24, 2008; Committee Comments to Amendments to Rule 5 Effective October 24, 2008; Committee Comments to Amendments to Rule 6 Effective October 24, 2008; Committee Comments to Amendment to Rule 11 Effective October 24, 2008; Committee Comments to Amendment to Rule 55(a) Effective October 24, 2008; Committee Comments to Amendments to Rule 58 Effective October 24, 2008; Committee Comments to Amendment to Rule 59.1 Effective October 24, 2008; Committee Comments to Amendments to Rule 77(d) Effective October 24, 2008; and the Committee Comments to Addition of Rule 79(e) Effective October 24, 2008, is published in that volume of Alabama Reporter that contains Alabama cases from 994 So. 2d. Note from the reporter of decisions: The order amending Rule 4, Ala. R. Civ. P., and adopting the Committee Comments effective July 1, 2016, including Justice Bolin's special writing concurring in part to and dissenting in part from that order, in which Justice Stuart concurs, is published in that volume of Alabama Reporter that contains Alabama cases from ___ So. 3d. Note from the reporter of decisions: The order amending Rule 4(i)(2)(D), adopting Rule 4(i)(3), and amending Rule 45(b)(1), Alabama Rules of Civil Procedure, adopting the Committee Comments thereto, and adopting Form 1C. and Form 1D., effective August 14, 2023, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. 3d.