New Jersey 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

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.

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.

Pursuant to §1446(a) the Notice of Removal must contain a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon the party removing the action. This is known as the Notice of Removal Package.

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.

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.

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.

It may be served anywhere within the territorial limits of the state where the district court is located and, if authorized by a federal statute, beyond those limits.

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