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


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Date: December 20, 2005
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State: Arizona
Category: District Court of Arizona
Author: unknown
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Case 2:04-cv—OO306-SRB Document 32 Filed 12/19/2005 Page ] .og;g;aj_ ‘isr

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. VVAIVER OF SERVICE OF SUMJVION S
TO: Armando `Qsbuto Aero; JH -
(NAME OF PLAINTIFFS ATTORNEY OR UNREPRESENTED PLAINTIFF)
I, D R. Qtr: s s , acknowledge receipt of your request
(DEFENDANT NAME)
that Iwaive service of summons in the action of Armarrilo flgtberto Fira:. III 0 Robinson, ai 42 ,
(caption or Actrom
which is case munber U- o-l — 50 In — PH x - 3 R B [ l.o:·\ `l in the United States District Court
(DOCKET Numara)
for the District of Arr asn a ,
q q . _ 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.
Iagree to save the cost of service of a summons and an additional copy ofthe complaint in this lawsuit
by not requiring that I (or the entity on whose behalf I am acting) 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 the lawsuit or to the
jurisdiction or venue ofthe court except for objections based on a defect in the summons or in the service
of the summons.
Iunderstand that a j udgrnent 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 i Z Q 5 ,
(DATE sr was sent)
or within 90 days after that date if the request was sent outside the United Sta _
J ' (mrs) - (sronarusaj
Printed/Typed Name:
As 1 T Gfharrgr £ /llf70wg ¢W‘5
(TITLE) (coarorosra r>r:1=s:1»1n 0
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 ofthe Federal Rules of Civil Procedure requires certain parties to cooperate in saving urmecessary costs of service ofthe summons and
complaint A defendant located in the United States who,at`ter being notified of an action and asked by a plaintiif located in 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 shown for its failure to sign and return
the waiver. ’
lt is not good cause for a failure to waive service that a party believes that the complaint is unfounded, or that the action has been brought in
an improperplace or in a court that lacks jurisdiction over the subjectmatter ofthe action or over its person or property. A party who waives service
of the summons retains all defenses and objections (except anyrelating to the summons or to the service ofthe 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 speciied on the waiver form serve on the plaintiffs attomey (or unrepresented plahrtift)
a response to the complaint and must also tile a signed copy of the response with the court. If the answer or motion is not served within this time,
a default judgment may be taken against that defendant. By waiving service, a defendant is allowed more time to answer than if the summons had
been actually served when the request for waiver of service was received.
Case 2 :04-cv-00306-SRB Docu ment 32 Filed 12/19/2005 Page 2 of 2

Case 2:04-cv-00306-SRB

Document 32

Filed 12/19/2005

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Case 2:04-cv-00306-SRB

Document 32

Filed 12/19/2005

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