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The plaintiff is responsible for serving the defendants within 90 days after filing the complaint and for filing proof of service.
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.
The summons shall be directed to the defendant, shall state the time within which these rules require the defendant to appear and defend, and shall notify the defendant that in case of his or her failure to do so judgment by default will be rendered against that defendant for the relief demanded in the complaint.
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.
A: Generally in civil cases, a default judgment will go down against you. In a criminal case, the judge will issue capias for your arrest or a failure to appear arrest warrant. Some civil cases could result in contempt jail time, and some rule of the road violations will also result in a suspended TNDL.
You must file your original answer, attachments (if any), confidential information form, and proof of service of the answer on each Plaintiff within a reasonable amount of time after being served the notice of filing the summons and complaint. You'll be required to pay a filing fee.
RULE 4. PROCESS If a summons is not served within 90 days after its issuance, it shall be returned stating the reasons for failure to serve.
The summons shall be directed to the defendant, shall state the time within which these rules require the defendant to appear and defend, and shall notify the defendant that in case of his or her failure to do so judgment by default will be rendered against that defendant for the relief demanded in the complaint.