Free Waiver of Service Executed - District Court of Delaware - Delaware

Case 1 :08-cv-00184-GIVIS Document 5 Filed 04/14/2008 Page 1 of 1
AO 399 (Delaware Rev. 7/00)
WAIVER OF SERVICE OF SUMMONS
TO:
(NAME or PLArNTirr·s ATTORNEY OR UNREPRESENTED PLAINTIFF)
L ,acknowledge receiptofyour request
(DEFENDANT NAME)
that I waive service of summons in the action of ,
(CAPTION or ACTION)
which is case number in the United States District Court
(DOCKET NUMBER)
for the District of Delware.
I have also received a copy of the complaint in the action, two copies of this instrument, and a means
by which I can return the signed waiver to you without cost to me.
I agree to save the cost of service of a summons and an additional copy ofthe complaint in this lawsuit
by 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.
I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or to
the jurisdiction or venue of the court except for objections based on a defect in the summons or in the
service of the summons.
I understand that a judgment may be entered against me (or the party on whose behalf I am acting) if
an answer or motion under Rule 12 is not served upon you within 60 days after ,
or within 90 days after that date if the request was sent outside the United States. (DATE REQUEST WAS SENT)
(DATE) (stoNA;uRE) °
Printed/Typed Name: hl jt [ OY Q CI in
Z
As of
(TITLE) (co o1zArs DEFENDANT)
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 of the Federal Rules of Civil Procedure requires certain panics to cooperate in saving unnecessary costs of service of the summons
and complaint. A defendant located in the United States who, aher being notified of an action and asked by a plaintiff located in the United States
to waive service of summons, fails to do so will be required to bear the cost of such service unless good cause be shown for its failure to sign and
retum 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 ofthe action or over its person or property. A party who waives
service ofthe summons retains all defenses and objections (except any relating to the summons or to the service ofthe 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 on the waiver fom serve on the plaintiffs attomey (or unrepresented plaintiff)
a response to the complaint and must also file a signed copy ofthe response with the court. lfthe answer or motion is not served within this time,
a defaultjudgment may be taken against that defendant. By waiving service, a defendant is allowed more time to answer than ifthe summons had
been actually served when the request for waiver of service was received.

Case 1:08-cv-00184-GMS

Document 5

Filed 04/14/2008

Page 1 of 1