Post Number: 747
|Posted on Tuesday, April 15, 2003 - 10:04 pm: ||
Thanks to Trixie I started looking into it and I found this URL with the PDF form and you can even COMPLETE the form online and then print - all you need is the free Adobe Acrobat reader.
Waiver of Service
Make sure you mail:
2 copies of the WAIVER
1 SASE (self addressed stamped envelope)
1 Copy of filed complaint
From the form:
"Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service of the summons and complaint. A
defendant located in the United States who, after being notified of an action and asked by a plaintiff located in the United States to waive service of summons, fails to
do so will be required to bear the cost of such service unless good cause be shown for its failure to sign and return the waiver.
It is not good cause for a failure to waive service that a party believes that the complaint is unfounded, or that the action has been brought in an improper place
or in a court that lacks jurisdiction over the subject matter of the action or over its person or property. A party who waives service of the summons retains all defenses
and objections (except any relating to the summons or to the service of the summons), and may later object to the jurisdiction of the court or to the place where the action
has been brought.
A defendant who waives service must within the time specified on the waiver form serve on the plaintiff’s attorney (or unrepresented plaintiff) a response to the
complaint and must also file a signed copy of the response with the court. If the answer or motion is not served within this time, a default judgment may be taken against
that defendant. By waiving service, a defendant is allowed more time to answer than if the summons had been actually served when the request for waiver of service
I'm using it for my 20some defendants, and while they may refuse to waive service and it can delay their answer, I'm sure I'll save some $$$ and the time to locate, hire and mail the paperwork to process servers.