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Notice Of Lawsuit And Request For Waiver Of Service Of Summons - Wyoming
|Notice Of Lawsuit And Request For Waiver Of Service Of Summons Form. This is a Wyoming form and can be used in Civil District Court Federal .||
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NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONSTO: (A) as (B) of (C) A lawsuit has been commenced against you (or the entity on whose behalf you areaddressed.) A copy of the complaint is attached to this notice. It has been filed in theUnited States District Court for the District of Wyoming and has been assigned docketnumber (D) .This is not a formal summons or notification from the court, but rather my request thatyou sign and return the enclosed waiver of service in order to save the cost of servingyou with a judicial summons and an additional copy of the complaint. The cost ofservice will be avoided if I receive a signed copy of the waiver within (E) daysafter the date designated below as the date on which this Notice and Request is sent. Ienclose a stamped and addressed envelope (or other means of cost-free return) foryour use. An extra copy of the waiver is also attached for your records.If you comply with this request and return the signed waiver, it will be filed with the courtand no summons will be served on you. The action will then proceed as if you hadbeen served on the date the waiver is filed, except that you will not be obligated toanswer the complaint before 60 days from the date designated below as the date onwhich this notice is sent (or before 90 days from that date if your address is not in anyjudicial district of the United States.)If you do not return the signed waiver within the time indicated, I will take appropriatesteps to effect formal service in a manner authorized by the Federal Rules of CivilProcedure and will then, to the extent authorized by those Rules, ask the court torequire you (or the party on whose behalf you are addressed) to pay the full costs ofsuch service. In that connection, please read the statement concerning the duty ofparties to waive the service of the summons, which is set forth at the foot of the waiverform. I affirm that this request is being sent to you on behalf of the plaintiff, this day of , . Signature of Plaintiffs Attorney or Unrepresented PlaintiffA - Name of dft (or name of officer or agent of corporate dft)B - Title, or other relationship of individual to corporate dftC - Name of corporate dft, if anyD- Case Number. E - Addressee must be given at least 30 days (60 if located in a foreign country) in which to return waiver. <<<<<<<<<********>>>>>>>>>>>>> 2 WAIVER OF SERVICE OF SUMMONSTO: (Name of Plaintiffs Attorney or Unrepresented Plaintiff)I acknowledge receipt of your request that I waive service of a summons in the action of , which is case number in the United States District Court for the District of Wyoming. I have also received acopy of the complaint in the action, two copies of this instrument, and a means by whichI can return the signed waiver to you without cost to me.I agree to save the cost of service of a summons and an additional copy of thecomplaint in this lawsuit by not requiring that I (or the entity on whose behalf I amacting) be served with judicial process in the manner provided by Rule 4.I (or the entity on whose behalf I am acting) will retain all defenses or objections to thelawsuit or to the jurisdiction or venue of the court except for objections based on adefect in the summons or in the service of the summons.I understand that a judgment may be entered against me (or the party on whose behalfI am acting) if an answer or motion under Rule12 is not served upon you within 60 daysafter or within 90 days after that date if the request was sent (request date) outside the United States. Date SignaturePrinted/Typed Name: As of (Title) (Corporate Dft) Duty to Avoid Unnecessary Costs of Service of SummonsRule 4 of the Fed.R.Civ.P. requires certain parties to cooperate in saving unnecessarycosts of service of the summons and complaint. A defendant located in the UnitedStates who, after being notified of an action and asked by a plaintiff located in theUnited States to waive service of a summons, fails to do so will be required to bear thecost of such service unless good cause be shown for its failure to sign and return thewaiver. It is not good cause for a failure to waive service that a party believes that the complaintis unfounded, or that the action had been brought in an improper place or in a court that<<<<<<<<<********>>>>>>>>>>>>> 3lacks jurisdiction over the subject matter of the action or over its person or property. Aparty who waives service of the summons retains all defenses and objections (exceptany relating to the summons or the service of the summons), and may later object tothe jurisdiction of the court or to the place where the action has been brought.A defendant who waives service must within the time specified on the waiver form serveon the plaintiffs attorney (or unrepresented plaintiff) a response to the complaint andmust also file a signed copy of the response with the court. If the answer or motion isnot served within this time, a default judgment may be taken against that defendant. Bywaiving service, a defendant is allowed more time to answer than if the summons hadbeen actually served when the request for waiver of service was received.