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Notice Of Lawsuit-Request To Waive Service Of Summons And Waiver Form. This is a Washington form and can be use in USDC Western Federal.
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Tags: Notice Of Lawsuit-Request To Waive Service Of Summons And Waiver, Washington Federal, USDC Western
UNITED STATES DISTRICT COURT
for the
WESTERN DISTRICT OF WASHINGTON
Plaintiff(s),
v.
Defendant(s).
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Case Number
NOTICE OF LAWSUIT
AND REQUEST TO WAIVE SEVICE OF A SUMMONS
To:
Why are you getting this?
A lawsuit has been filed against you, or the entity you represent, in this court under the
number shown above. A copy of the complaint is attached.
This is not a summons, or an official notice from the court. It is a request that, to avoid
expenses, you waive formal service of a summons by signing and returning the enclosed waiver.
To avoid these expenses, you must return the signed waiver within
from the date shown below, which is the date this notice was sent. Two copies of the waiver form are
enclosed, along with a stamped, self-addressed envelope or other prepaid means for returning
one copy. You may keep the other copy.
What happens next?
If you return the signed waiver, I will file it with the court. The action will then proceed
as if you had been served on the date the waiver is filed, but no summons will be served on you
and you will have 60 days from the date this notice is sent (see the date below) to answer the
complaint (or 90 days if this notice is sent to you outside any judicial district of the United
States).
If you do not return the signed waiver within the time indicated, I will arrange to have the
summons and complaint served on you. And I will ask the court to require you, or the entity you
represent, to pay the expenses of making service.
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Please read the enclosed statement about the duty to avoid unnecessary expenses.
I certify that this request is being sent to you on the date below.
Date:
Signature
Printed Name
Office Address
E-mail Address
Telephnone Number
American LegalNet, Inc.
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UNITED STATES DISTRICT COURT
for the
WESTERN DISTRICT OF WASHINGTON
Plaintiff(s),
v.
Defendant(s).
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Case Number
WAIVER OF THE SERVICE OF SUMMONS
To:
I have received your request to waive service of a summons in this action along with a
copy of the complaint, two copies of this waiver form, and a prepaid means of returning one
signed copy of the form to you.
I, or the entity I represent, agree to save the expense of serving a summons and complaint
in this case.
I understand that I, or the entity I represent, will keep all defenses or objections to the
lawsuit, the court's jurisdiction, and the venue of the action, but that I waive any objections to the
absence of a summons or of service.
I also understand that I, or the entity I represent, must file and serve an answer or a
motion under Rule 12 within 60 days from
, the date when this request
was sent (or 90 days if it was sent outside the United States). If I fail to do so, a default
judgment will be entered against me or the entity I represent.
Date:
Signature of Plaintiff's Attorney
or Unrepresented Plaintiff
Printed Name
Office Address,
E-mail Address
Telephnone Number
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Duty to Avoid Unnecessary Expenses of Serving a
Summons
Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in
saving unnecessary expenses of serving a summons and complaint. A defendant who is located
in the United States and who fails to return a signed waiver of service requested by a plaintiff
located in the United States will be required to pay the expenses of service, unless the defendant
shows good cause for the failure.
"Good cause" does not include a belief that the lawsuit is groundless, or that it has been
brought in an improper venue, or that the court has no jurisdiction over this matter or over the
defendant or the defendant's property.
If the waiver is signed and returned, you can still make these and all other defenses and
objections, but you cannot object to the absence of a summons or of service.
If you waive service, then you must, within the time specified on the waiver form, serve
an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing
and returning the waiver form, you are allowed more time to respond than if a summons had
been served.
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www.FormsWorkflow.com
