District of Columbia AO-398 Notice of Lawsuit - Request for Waiver - Federal District Court Official Form
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How to fill out AO-398 Notice Of Lawsuit - Request For Waiver - Federal District Court Official Form?
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FAQ
A waiver of service is a legal document that can be used in civil lawsuits to save time and costs related to formal service of process. It allows the defendant to voluntarily waive their right to be formally served with the lawsuit papers (such as a summons and complaint) by a process server.
What does Waiver mean? In contract law, 'waiver' is used to denote the granting of a concession by one party not insisting on the other party's precise performance of its obligations under the contract. It is also where one party gives up its rights to take action or enforce its rights under a contract.
Waiver of Service: A defendant may waive service, which means the defendant agrees to respond to the complaint even though you did not personally serve the defendant with the complaint and summons.
Texas Waiver of Service A waiver of service can be used to avoid the embarrassment or hassle of being physically served. This document is signed and notarized by the respondent and filed with the court. This document tells the court that the respondent has received the petition and that they ?waive? being served.
By waiving service, a defendant is not called upon to respond to the complaint until 60 days from the date the notice was sent to it-90 days if the notice was sent to a foreign country-rather than within the 28-day period from date of service specified in Rule 12.
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.
Duty to Avoid Unnecessary Expenses of Serving a Summons 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.
A Waiver of Service can be used to avoid being physically served. If the parties have been amicable, the Respondent knows about the case, and would rather waive being physically served, this is a good option to avoid the cost and time it takes to physically serve the Respondent.