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Waiver Of Service Of Summons DUT 43 - Utah
| Waiver Of Service Of Summons Form. This is a Utah form and can be used in District Court Federal . |
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DUT 43 1/96 WAIVER OF SERVICE OF SUMMONSTO:_____________________________________________________ (Name of Plaintiffs Attorney of Plaintif Pro Se) I, _______________________________________, acknowledge receipt of your request that I waive (Name of Defendant)service of a summons in the case of ________________________________________________ v.____________________________________________, case number ___________________________, inthe United States District Court for the District of Utah. I also have received a (i) copy of the complaint in theaction, (ii) two copies of this form, and (iii) a means by which I can return the signed waiver to you withoutcost to me. I agree to save the cost of service of a summons and an additional copy of the complaint in this lawsuitby not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in the mannerprovided by Federal Rule of Civil Procedure 4. I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or tothe jurisidiction or venue of the court except for objections based on a defect in the summons or in the serviceof the summons. I understand that a judgment may be entered against me (or the party on whose behalf I am acting) ifan answer or motion under Federal Rule of Civil Procedure 12 is not served upon you within sixty (60) daysafter ________________________ (date request was sent), or within ninety (90) days after that date if therequest was sent outside the United States.________________ _________________________________________________________ Date Printed/Typed Name: ________________________________________ AS __________________________ OF ______________________________________________________________________________________________________________ DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS Federal Rule of Civil Procedure 4 requires certain parties to cooperate in avoiding unnecessary costs of serviceof the summons and complaint. A defendant located in the United States who, after being notified of an action andasked by a plaintiff located in the United States to waive service of a summons, fails to do so will be required to bearthe cost of such service unless good cause be shown for its failure to sign and return the waiver. A partys belief that the complaint (i) is unfounded, (ii) that the action has been brought in an improper place,or (iii) that the action has been brought in a court that lacks jurisdiction over the subject matter of the action or overits person or property, does not constitute good cause for failure to waive service. Parties who waive service ofsummons retain all defenses and objections (except any relating to the summons or to the service of the summons) andlater may object to the jurisdiction of the court or to the place where the action has been brought. A defendant who waives service must (i) serve, within the time specified on the waiver form, on the plaintiffsattorney or plaintiff pro se a response to the complaint, and (ii) file a signed copy of the response with the court. If theresponse is not served within this time, a default judgment may be taken against that defendant.
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