Henderson v. United States (1995)
- Docket
- 95-232
- Decided
- 1995-01-01
Summary
Question: Is service of process under the Suits of Admiralty Act a matter of procedure governed by the uniform Federal Rules of Civil Procedure? Conclusion: Yes. In a 6-to-3 opinion by Justice Ruth Bader Ginsburg contended that process of service was primarily a means to notify another of impending legal action in a way that provides the defendant adequate time to answer and present defenses. The Court held that "[t]he federal rules thus convey a clear message: Complaints are not to be dismissed if served within 120 days, or within such additional time as the court may allow."