COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : DUT 42 (12/93) Index No. Calendar No. : JUDICIAL Plaintiff(s) NOTICE OF LAWSUIT AND REQUEST FOR SUBPOENA -againstWAIVER OF SERVICE FOR: SUMMONS : (A)____________________________________________________________________________ : as (B)_____________________________________________ of (C) ________________________ Defendant(s) : ...................................................... A lawsuit has been commenced against you (or the entity on whose behalf you are addressed.) A copy of the complaint is attached to this notice. It has been filed in the United States District Court for the District of Utah and has been assigned docket number (D)_________________________. THE PEOPLE OF THE STATE OF NEW YORK This is not a formal summons or notification from the court, but rather my request that you sign and return the enclosed waiver of service in order to save the cost of serving you with a judicial summons and an TO additional copy of the complaint. The cost of service will be avoided if I receive a signed copy of the waiver within (E)________________ days after the date designated below as the date on which this Notice and Request is sent. I enclosed a stamped and addressed envelope (or other means of cost-free return) for your use. A copy of the GREETINGS: waiver is attached for your records. TO: If you comply with this that all business and signed being laid aside, filed with the court attend WE COMMAND YOU,request and return theexcuses waiver, it will be you and each of youand no before , the Honorable be served on you. The action then willat the as if you had been served on the date the waiver Court summons will proceed County of is filed, except that you will not be located at to answer the complaint before 60 days from the date designated obligated notice that date if your noon, and within inbelow as the date,on which this day of is sent (or before 90, days from o'clock in the address is notat any recessed room on the , 20 at orthe boundaries ofto testify anddistrict of the United States.)in this action on the part of the adjourned date, any judicial give evidence as a witness If you do not return the signed waiver within the time indicated, I (i) will take appropriate steps to effect formal service in a manner authorized by the Federal Rules of Civil Procedure and, (ii) to the extent Your failure to comply with this subpoena is you (or the party on whose court and are make you authorized by those Rules, will ask the court to require punishable as a contempt ofbehalf you willaddressed) liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a to pay the full costs of such service. In that connection, please read the statement concerning the duty of parties result of your failure to comply. to waive the service of the summons, which is set forth at the foot of the waiver form. Witness, Honorable one of the Justices of the I affirm that this request is being sent to you on behalf of the plaintiff ,this __________________ day Court in County, day of , 20 of ___________________________, 20____. _____________________________________________________ type name below) (Attorney must sign above and Signature of Plaintiff's Attorney or Plaintiff Pro Se Attorney(s) for _________________________________________________________________________________ LEGEND Office and P.O. Address A - Name of individual defendant or name of officer or agent of corporate defendant B - Title or other relationship of individual to corporate defendant C - Name of corporate defendant, if any Telephone No.: D - Civil case number E - Addressees must be given at least 30 days (60 daysFacsimile No.: if in foreign country) to return waiver. E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com