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Senator Edward Kennedy — Part 25
Page 3
3 / 249
MAY-28-1994 15:26 FROM
| TO P.O3
AO 29911293) O
WAIVER OF SERVICE OF SUMMONS
TO:
(NAME OF PLAINTIFF'S ATTORNEY OR UNREPRESENTEO PLAINTIFF) ‘
1 acknowledge receipt of your request that | waive service of a summons in the action of
y : , which is case number
(CAPTION OF ACTION) (OOCKET NUMBESD,
in the United States District Court for the District of
‘ . | have also received a copy of the complaint in the
action, two copies of this instrument, and a means by which I can ratum the signed waiver to you without
cost to ma. . ’ .
| agree to save the cost of service of asummons and an additional copy of the complaint in this
lawsuit by not requiring that ! (or the entity on whose behalf! am acting) be served with judicial process
in the manner provided by Rule 4.
| (or the entity on whose behalf | am acting) will retain all defenses or objections to the lawsuit
or to the jurisdiction or venué of the court except for objections based on a defect in the summons or
in the service of the summons. ‘ .
1 understand that a judgment may be entered against me (or the party on whose behalf ! am acting)
if an answer or motion under Rule 12 is not served upon you within 60 days after__
(DATE REQUEST WAS SENT)
of within 90 days after that date if the request was sent outside the United States.
OATE . SKQNATURE
Printe@/Typed Name:
As
ae nee eee
(TLE) (CORPORATE DEFENDANT)
Duty to Avold Unnecessary Costs of Secvice of Summons
Rule 4 of the Federal Rutes of Civil Procedure requires costain parties to cooperate In saving unnecessary costs of service of (he summons
and complaint. A dafendant located In the United States who, after being notified of an action and asked by a plaintiff foceted in the United States
toy waive serice of. a summons, (zils to do so will De required 10 bear the cost of such service untess good c&use be shown for its fellure to sign
retum the waiver,
itis not good causa for 2 fallure to waire service that a party batteves that the complaint is unfounded, or that the action hes been drought
In an improper place of In a court nat locks jurisdiction ovor the sudject matter of the action or oyer Its Derson of property. A pasty who waives service
Of the summons retains ai! defenses ana objections (excopt any relating to the summons or to the service of the SUMMONS), and may later object
to the iynsdietion ot the cour ote the place where the action has been brought.
defendant who waives ice Must within tha time speciied on the waiver form serve on the piaintiff’s att u! o6 plaint!
A response to the complant and must also Iile a signed copy of the response with the court. If the answer or motion le not gered within this tune
a default Judgment may be taken against that defendant. By waiving sarvice, a defendent (3 allowed more time to answer than If the summons had
been actually served when the request for walver of service was received.
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