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Service may be made, subject to the restrictions and requirements of this rule, by the following methods: personal service of true copies of the summons and the complaint upon defendant or an agent of defendant authorized to receive process; substituted service by leaving true copies of the summons and the complaint at ...
Duty to Avoid Unnecessary Expenses of Serving a Summons A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.
These rules ensure that all parties in a federal civil lawsuit receive proper notice of the legal action against them and have a chance to respond. Methods of service include personal service, service on authorized agents, service by mail, and service in foreign countries.
If a judge conducting a hearing or trial is unable to proceed, any other judge may proceed upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties.
It may be served anywhere within the territorial limits of the state where the district court is located and, if authorized by a federal statute, beyond those limits. Proof of service must be made under Rule 4(l).
A waiver of service is a legal document that can be used in civil lawsuits to save time and costs related to formal service of process. It allows the defendant to voluntarily waive their right to be formally served with the lawsuit papers (such as a summons and complaint) by a process server.
Service by certified mail is complete on the day the certified mail receipt is signed. When the party that has to be served lives out of state, papers can usually be served by sending a copy of the paperwork to be served to that party by first-class mail, postage prepaid, and return receipt requested.