Massachusetts AO-399 Waiver of Service of Summons - Federal District Court Official Form

State:
Multi-State
Control #:
US-AO-399
Format:
Word; 
Rich Text
Instant download

Description

This Waiver of Service of Summons is a sample form for use in a Federal District Court case. Available in Word, pdf and Wordperfect formats.

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FAQ

Each Missouri summons states the date of the hearing the person is being summoned to. The summons must be delivered at least 15 days before this date and no earlier than 60 days. Then the proof must be delivered promptly afterwards to give ample time to file with the court and customers.

To sue someone in Massachusetts, you have to file a complaint with the clerk of the court. A complaint is not a specific form. It is a document that contains a short statement of the facts showing your claim and why you are entitled to relief and a demand for judgment granting that relief.

Once you have hired a sheriff or constable, give him/her the original summons, a copy of the summons, and a copy of the complaint. The sheriff or constable will deliver a copy of the summons and a copy of the complaint to each defendant at the last known address(es) you have for each defendant.

If the process cannot be served it shall be returned to the court within thirty days after the date of issue with a statement of the reason for the failure to serve the same; provided, however, that the time for service thereof may be extended up to ninety days from the date of issue by order of the court.

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.

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.

Your attorney will likely ?waive formal arraignment?, which is defined as letting the judge know that they do not have to read the formal charges against a defendant.

Signing an entry of appearance and waiver of service only means that the party signing the document is giving up his/her right to be served by a sheriff's deputy. It does not mean they agree with the lawsuit or are giving up their right to notice of when any hearings are to be held.

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Massachusetts AO-399 Waiver of Service of Summons - Federal District Court Official Form