1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8
UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________
10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF A LAWSUIT AND REQUEST TO
) WAIVE SERVICE OF A SUMMONS
13 vs. )
)
14 Any Defendant, and DOES 1-10 )
)
15 Defendants. )
)
)
16
)
)
17
)
18

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 1 To view details of the Federal litigation document package
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4 NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
5
TO: NAME OF THE DEFENDANT OR IF THE DEFENDANT IS A CORPORATION,
6
PARTNERSHIP, OR ASSOCIATION THE NAME OF AN OFFICER OR AGENT
7

8
AUTHORIZED TO RECEIVE SERVICE

9 A lawsuit has been filed against you, or the entity you represent, in this court under the

10 number shown above. A copy of the complaint is attached.

11
This is not a summons, or an official notice from the court. It is a request that, to avoid
12
expenses, you waive formal service of a summons by signing and returning the enclosed waiver. To
13
avoid these expenses, you must return the signed waiver within YOU MUST GIVE AT LEAST 30
14

15 DAYS OR AT LEAST 60 DAYS IF THE DEFENDANT IS OUTSIDE ANY JUDICIAL

16 DISTRICT OF THE UNITED STATES from the date shown below, which is the date this notice
17
was sent. Two copies of the waiver form are enclosed, along with a stamped, self-addressed envelope
18
or other prepaid means for returning one copy. You may keep the other copy.
19
What happens next?
20

21 If you return the signed waiver, I will file it with the court. The action will then proceed as if

22 you had been served on the date the waiver is filed, but no summons will be served on you and you
23
will have 60 days from the date this notice is sent (see the date below) to answer the complaint (or 90
24
days if this notice is sent to you outside any judicial district of the United States).
25
If you do not return the signed waiver within the time indicated, I will arrange to have the
26

27 summons and complaint served on you. And I will ask the court to require you, or the entity you

28 represent, to pay the expenses of making service.

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 1 Please read the enclosed statement about the duty to avoid unnecessary expenses.
2 I certify that this request is being sent to you on the date below.
3

4
Date: ________________ _________________________________________________________
5 NAME OF ATTORNEY OR PARTY WITHOUT ATTORNEY
6
ADDRESS OF ATTORNEY OR PARTY WITHOUT ATTORNEY
E-MAIL ADDRESS
7 TELEPHONE NUMBER

8 NOTE THAT YOU MUST INCLUDE A COPY OF THE ENTIRE COMPLAINT, TWO
9
COPIES OF THE WAIVER FORM ALONG WITH A STAMPED AND SELF-ADDRESSED
10
ENVELOPE OR ANY OTHER PREPAID MEANS FOR RETURNING ONE COPY.
11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27
Any Attorney or Party
28
Any Street

- 3 -
 1 Any Town, CA 55555

2 714-555-5555

3 Any Attorney or Party

7
UNITED STATES DISTRICT COURT
8 ________ DISTRICT OF _____________

10 Any Plaintiff, ) Case No.

)
11 Plaintiff, ) WAIVER OF THE SERVICE OF SUMMONS
)
12 vs. )
)
13 Any Defendant, and DOES 1-10 )
)
14 Defendants. )
)
)
15
)
)
16
)
17

18 WAIVER OF THE SERVICE OF SUMMONS

19 TO: NAME OF ATTORNEY FOR PLAINTIFF OR PLAINTIFF WITHOUT AN

ATTORNEY:
20

21 I have received your request to waive service of a summons in this action along with a copy

22 of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy
23 of the form to you.
24
I, or the entity I represent, agree to save the expense of serving a summons and complaint in
25
this case.
26

27

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 1 I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit,
2 the courts jurisdiction, and the venue of the action, but that I waive any objections to the absence of a
3
summons or of service.
4
I also understand that I, or the entity I represent, must file and serve an answer or a motion
5

6
under Rule 12 within 60 days from, the date when this request was sent (or 90 days if it was sent

7 outside the United States). If I fail to do so, a default judgment will be entered against me or the

8 entity I represent.
9

10
Date: ________________ _________________________________________________________
11 NAME OF ATTORNEY OR PARTY WITHOUT ATTORNEY
ADDRESS OF ATTORNEY OR PARTY WITHOUT ATTORNEY
12 E-MAIL ADDRESS
TELEPHONE NUMBER
13

14 Duty to Avoid Unnecessary Expenses of Serving a Summons

15 Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in
16
saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the
17
United States and who fails to return a signed waiver of service requested by a plaintiff located in the
18
United States will be required to pay the expenses of service, unless the defendant shows good cause
19

20 for the failure. Good cause does not include a belief that the lawsuit is groundless, or that it has

21 been brought in an improper venue, or that the court has no jurisdiction over this matter or over the
22
defendant or the defendants property. If the waiver is signed and returned, you can still make these
23
and all other defenses and objections, but you cannot object to the absence of a summons or of
24
service. If you waive service, then you must, within the time specified on the waiver form, serve an
25

26 answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and

27 returning the waiver form, you are allowed more time to respond than if a summons had been served.
28

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