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Waiver Of Service Of Summons (Northern District Of Illinois) AO 399 - Illinois
| Waiver Of Service Of Summons (Northern District Of Illinois) Form. This is a Illinois form and can be used in USDC Northern Federal . |
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AO 399 (Rev. 05/00) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS Waiver of Service of Summons TO: (NAME OF PLAINTIFFS ATTORNEY OR UNREPRESENTED PLAINTIFF) I, , acknowledge receipt of your request (DEFENDANT NAME) that I waive service of summons in the action of , (CAPTION OF ACTION) which is case number in the United States District Court (DOCKET NUMBER) for the Northern District of Illinois. I have also received a copy of the complaint in the action, two copies of this instrument, and a means by which I 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 the complaint in this la wsuit by not requiring that I (or the entity on whose behalf I am acting) be s erved 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 ob jections to the lawsuit or to the jurisdiction or venue of the court except for objections based on a defe ct 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 behalf I am acting) if an answer or motion under Rule 12 is not served upon you within 60 days after , (DATE REQUEST WAS SENT) or within 90 days after that date if the request was sent outside the Un ited States. (DATE) (SIGNATURE) Printed/Typed Name: As of (TITLE) (CORPORATE DEFENDANT) Duty to Avoid Unnecessary Costs of Service of Summons Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service of thesummons and complaint. A defendant located in the United States who, af ter being notified of an action and asked by a plaintiff locatedin the United States to waive service of summons, fails to do so will be required to bear the cost of such service unless good cause be shownfor its failure to sign and return the waiver. It is not good cause for a failure to waive service that a party believe s that the complaint is unfounded, or that the action has beenbrought in an improper place or in a court that lacks jurisdiction over the subject matter of the action or over its person or property.A party who waives service of the summons retains all defenses and objections (except any relating t o the summons or to the serviceof the summons), and may later object to the 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 wai ver form serve on the plaintiffs attorney (orunrepresented plaintiff) a response to the complaint and must also file a signed copy of the response with the court. If the answer ormotion is not served within this time, a default judgment may be taken against that defendant. By waiving servi ce, a defendant is allowedmore time to answer than if the summons had been actually served when th e request for waiver of service was received. American LegalNet, Inc. www.USCourtForms.com
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