Service of Process

Judgment and Commitment

Judgment: States the defendant's plea, a jury's verdict or the court's findings, the adjudication, and the sentence imposed by the court.

Commitment: States that the defendant is placed in the custody of the Attorney General for a specified length of time.

J&C (Judgment and Commitment): Is on a standard form and is the U.S. Marshal's authority to transport and commit a defendant to an institution.

Issued By: Judgments and Commitments are issued from a United States District Court, under the court's seal. signed by the Judge and Court Clerk. (Federal Rules of Criminal Procedure Form 25).

Territorial Limits: A Judgment and Commitment may be served and executed anywhere within the United States, its territories and possessions.

Served By: J&C's may be executed by a United States Marshal, or a Deputy United States Marshal only, except in voluntary surrender commitments where executions are accomplished by Bureau of Prisons (BOP).

Manner of Service: Execution is accomplished by delivering the within named individual, along with a copy of the judgment and commitment, to the designated U.S. Bureau of Prisons institution.

Return: A Partial Return is made while in route, if the defendant is temporarily committed to a jail or other institution, for further removal to the final designated institution. A Complete Return is made upon delivering the defendant to the final designated institution. Each return shall be made on the original J&C and upon complete return, the original shall be forwarded to the United States Marshal from the District of Issuance.

Manner of Service:  In the event a prisoner is ordered to report and surrender himself to an institution, known as "Voluntary Surrender Commitments" , upon court order for voluntary surrender to an institution at sentencing, the U.S. Marshal will immediately request special designation from the Bureau of Prisons. BOP will then notify designated institution of defendant's name and of the time and date for the surrender.

Note:  The information related to the service of court process that is contained on this web site is general information and not intended to be an exhaustive or definitive explanation or depiction of Federal rules of procedures for the service of process.  Readers are directed to the Federal Rules of Criminal and Civil Procedure; personal legal counsel; the United States Code, Titles 18 and 28; their local U.S. Attorney's Office and District Court for specific, authoritative guidance.