Also known as:waivers of service · waive service · waives service · waived service · waiving service · service waiver
Written by attorneys · grounded in primary & secondary sources — see below
A defendant's voluntary submission to a court's jurisdiction effected by signing an acknowledgment of receipt of the complaint and stating that further service of a summons is waived. The mechanism allows a plaintiff to notify a defendant of a pending action and request waiver of formal service in order to avoid the costs of effecting service. A defendant who receives a properly formatted request has a duty to avoid unnecessary service expenses and receives additional time to answer the complaint.
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How it applies
Common Examples
2
Proper Waiver Request Triggers Duty
Wanda Williams filed a federal copyright suit against Wolverine Steel. She mailed the registered agent a written waiver request that named the court, attached the complaint, included two copies of the official waiver form, and provided a prepaid return envelope along with notice of the consequences of waiving or refusing. Wolverine Steel received the package but did not return the signed waiver. Because the request satisfied every formal requirement, the company owed a duty to avoid the expense of formal service.
Extended Answer Deadline After Waiver
Walter Washington sued Warwick Electronics in federal court for breach of contract. Warwick Electronics received and timely returned a properly executed waiver of service. Because the waiver was returned within the required period, Warwick Electronics had sixty days from the date the request was sent to file its answer rather than the usual twenty-one days after formal service.
Common questions
Frequently Asked
5
What must a waiver-of-service request contain to impose a duty on the defendant?+
The request must be in writing and addressed to the defendant. It must name the court, be accompanied by a copy of the complaint and two copies of the official waiver form, explain the consequences of waiving or refusing, state the date sent, and provide a prepaid means of return. A request missing any of these elements creates no duty to waive.
Supporting sources
Does a defendant who waives service thereby waive objections to personal jurisdiction or venue?
No. The rule expressly provides that waiver of service does not constitute a waiver of any objection to venue or to personal jurisdiction. A defendant may still raise those defenses in a timely Rule 12 motion after returning the waiver.
Supporting sources
When must a defendant who has waived service file an answer?+
The defendant must serve an answer within sixty days after the request for waiver was sent, or within ninety days if the defendant is outside any judicial district of the United States. This extended period replaces the ordinary twenty-one-day deadline that applies after formal service.
Supporting sources
Can a plaintiff recover service costs and attorney's fees if the defendant refuses a proper waiver request?+
Yes. If a defendant subject to ordinary service fails to waive without good cause after receiving a compliant request, the court must impose on the defendant the expenses of formal service and related attorney's fees. The motion for costs succeeds only when the request itself met every formal requirement.
Supporting sources
May a plaintiff request waiver by email rather than by mail?+
Yes. The rule permits the request to be sent by first-class mail or other reliable means, including email, provided the written notice contains every required element and is addressed to an appropriate officer or agent of the defendant.
Supporting sources
Civil ProcedureJurisdiction and venue · Service of process and noticeUBEFoundational