Waiver of Service

When the waiver of service is used

Timing: after filing, as an alternative to formal service. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• A defendant who timely returns a waiver is not required to serve an answer until 60 days after the request was sent — or 90 days if it was sent outside any judicial district of the United States (Rule 4(d)(3)).
• Rule 4(d)(2) addresses costs when 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.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 4(d) online. Also, the federal judiciary publishes the current rules and recent amendments.

The waiver of service in state court

This page covers the federal version. In state court, the waiver of service may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Service of process: formally delivering the summons and complaint to a defendant in a way the rules allow.

Related procedures

Similarly, these procedures often come up alongside it:

• Summons and Service of Process: the formal way a defendant is notified of a lawsuit. The plaintiff must serve the summons together with a copy of the complaint (Rule 4(c)(1)).
• Answer: the defendant's responsive pleading. It admits or denies the allegations of the complaint and states any defenses.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.