COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. UNITED STATES DISTRICT COURT : Calendar No. DISTRICT OF IDAHO Form 1B. Waiver of Service of Summons Plaintiff(s) -against- : JUDICIAL SUBPOENA : TO: (name of plaintiff's attorney or unrepresented plaintiff): I acknowledge receipt of your request that I waive service of a summons in the action of : , Defendant(s) : . . . . . . . . . . . . . . . . . . . . .(caption .of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . action) in the United States District which is case number (docket number) Court for the District of Idaho. I have also received a copy of the complaint in the action, two copies of this THE and a means by STATE OF return the signed waiver to you without a cost to me. instrument,PEOPLE OF THEwhich I can NEW YORK TOagree to save the cost of service of a summons and an additional copy of the complaint in this lawsuit by I not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in the manner provided by Rule 4. GREETINGS: I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or to the jurisdiction or WE COMMAND YOU, thatfor objections based on a defect in the summons or in the servicebefore venue of the court except all business and excuses being laid aside, you and each of you attend of the , the Honorable at the Court summons. located at County of inIroom , a the , 20 noon, I am any recessed understand thaton judgmentday of be entered against , at (or theo'clock on the may me party in whose behalfand at acting) if an or adjourned date, to testify andRule evidence is a witnessserved action on the part of the give 12 as not in this upon you within 60 days after answer or motion under __________________________________, or within 90 days after that date (date request was sent) if the request was sent outside the Unitedthis subpoena is punishable as a contempt of court and will make you liable to Your failure to comply with States. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. _____________________________ _____________________ (Date) Witness, Honorable Court in County, (Signature) , one of the Justices of the day of _____________________________ , 20 (Printed/Typed Name) [as______________________________________] [of______________________________________] (Attorney must sign above and type name below) 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 who, after being notified of an action and asked to waive service of a summons, failsAttorney(s) for 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 of the waiver form serve on theand P.O.attorney (or unrepresented plaintiff) a response Office plaintiff's Address 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 the defendant. By waiving service, a defendant is allowed more time to answer than if the summons has been actually served when the request for waiver of service was received. Defendant can respond by signing and returning waiver (Form 1B) or defendant may fail to return waiver within the time allowed. If waiver is not used, the plaintiff must serve process as stated in the rule but may recover costs from defendant. Telephone No.: Facsimile No.: LIST ALL THE DEFENDANTS TO WHOM THIS WAIVER APPLIES E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com