Rule text
(a) Requesting a Waiver. An individual, entity, or association that is subject to service under Rule 4.2(a), 4.2(c)(1) or (2), 4.3(a)(1) or (3), or 4.3(b)(1) or (3) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. The notice and request must:
(1) be in writing and be addressed:
(A) to the individual defendant; or
(B) for an entity or association, to a person designated by Rule 4.2(c)(1);
(2) name the court where the complaint was filed;
(3) be accompanied by a copy of the complaint, two copies of the waiver form, Form 2 in the Appendix of Forms or its substantial equivalent, and a prepaid means for returning the form;
(4) inform the defendant, using the waiver form, of the consequences of waiving and not waiving service;
(5) state the date when the request is sent;
(6) give the defendant a reasonable time of at least 30 days after the request was sent --or at least 60 days if sent to the defendant outside the United States--to return the waiver; and
(7) be sent by first-class mail or other reliable means.
(b) Failure to Waive. If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant:
(1) the expenses later incurred in making service; and
(2) the reasonable expenses, including attorney fees, of any motion required to collect those service expenses.
(c) Time to Answer After a Waiver. A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent--or until 90 days after it was sent to the defendant outside the United States.
(d) Results of Filing a Waiver. When the plaintiff files a waiver, proof of service is not required and these rules apply as if a summons and complaint had been served at the time of filing the waiver.
(e) Jurisdiction and Venue Not Waived. Waiving service of a summons does not waive any objection to personal jurisdiction or to venue. [Added; effective March 1, 2019; Amended effective March 26, 2019.]