Free Waiver of Service Executed - District Court of Delaware - Delaware

j Case 1 :07-cv—00006-GIVIS Document 16 Filed 07/20/2007 Paggi g
I _ V Corporate/Entity Defendant
RETURN OF WAIVER OF SERVICE OF SUIVIMONS
I O I acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. No,07—06 in the United States District of Delaware. l have also received a copy ofthe
·< complaint in the action, two copies of this form, a copy ofthe Order of the Court authorizing
I service and a means by which I can return the signed waiver without cost to me.
_` I agree to save the cost of service of a summons and an additional copy ofthe complaint
_ I in this lawsuit by not requiring that the entity on whose behalf I am acting be served with judicial
' , process in the manner provided by Rule 4.
The entity on whose behalf I am acting will retain all defenses or objections to the lawsuit _
or to the jurisdiction or venue ofthe Court, except for objections based on a defect inthe
summons or in the service of the summons. I understand that a judgement may be entered
‘ against the party on whose behalf] am acting if a response is not served and filed within 60 days
· after: June 5 , 2007.
i · Date: O c,` 29 ZQZY
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Sig t of Defendant I Printed or Typed Name
it D Y TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS
j Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving
* unnecessary cost of service of the summons and the complaint. A defendant located in the
United States, who, after being notified of an action and asked to waive service of summons
O on behalf of a plaintiff located in the US, fails to do so will be required to bear the cost of
._ such service unless good cause be shown for that defendant‘s failure to sign and return the
. waiver.
_ It is not good cause for a failure to waive service that a party believes that the complaint is
' A unfounded, or that the action has been brought in an improper place or in a court that lacks
~ jurisdiction over the subject matter of the action or over defendants person or property. A
defendant who waives service of summons retains all defenses and objections, except any
relating to the summons or the service of summons, and may later object to the jurisdiction of the
Court or to the place to where the action has been brought.
. A defendant who waives service must within the time specified on the "Return of Waiver"
form served on plaintiff; if unrepresented or on plaintiffs attorney, a response to the Complaint
and must also tile a signed copy ofthe response with the Court. If the answer or a motion is not
_; served within this time, a default judgement may be taken against that defendant. By waiving
-' service, a defendant is allowed more time to answer than if the summons had been actually
I ` served when the request for waiver of service was received.
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