Fill and Sign the Concerns Abour Your Lawyer State Bar of Arizona Form

Name:_________________________________________________ Address:_______________________________________________ City, State. Zip:_________________________________________ Telephone:_____________________________________________ State Bar Code:_________________________________________ Client:_________________________________________________ IN THE SUPERIOR COURT OF THE STATE OF ARIZONA In and for the County of ___________________ ___________________________________________ In Re the Matter of: CASE NO. ______________________________________, Plaintiff NOTICE OF FILING AND REQUEST vs. FOR WAIVER OF SERVICE OF SUMMONS ______________________________________, Defendant __________________________________________________________________________________CV4SVC TO: ______________________________________ _, who is the [ ] Plaintiff [ ] Defendant [ ] Attorney for: __________________________________________. A Superior Court Action has been filed against you or the party for whom you represent. A copy of the Petition/Complaint is attached to this Notice . This is not a formal Summons or Notification from the Court, but rather my request that you sign and return the enclosed Waiver of Service in order to save the cost of serving you with a judicial summons and an additional copy of the Petition/Complaint . The cost of service will be avoided if I receive a signed original of the waiver within 30 days, or 60 days for persons outside of the United States, after the date designated below as the date on which this Notice of Filing and Request for Waiver of Se rvice of Summons is sent to you. I have enclosed a self addressed stamped envelope or other means of "cost free return" for your use. An extra copy of the Waiver of Service is also attached for your records. If you comply with this request and return the signed Waiver of Service, the Waiver will be filed with the Court and no summons will be served on you. The action will then be processed as if you had been served on the date the Waiver was filed, and you will be required to answer or otherwise respond to the Petition/Complaint within 60 days, or 90 days for persons outside the United States, from the date designated below as the date on which this Notice is sent. If you do not return the signed Waiver within the time indicated, I will take appropriate a ction to effect formal service in a manner authorized by Arizona Rules of Civil Procedure and then, to the extent authorized by those rules, I will ask the Court to Require you, or the party you represent, to pay the full costs of such service. In that co nnection, please read the statement concerning the duty of parties to avoid unnecessary costs of service of summons which is set forth on the reverse side of the Waiver of Service of Summons form. I affirm that this Notice of Filing and Request for Waiver of Service of Summons is being sent to you on behalf of the [ ] Plaintiff [ ] Defendant on the date indicated below. NOTICE AND REQUEST SENT this ____ day of ____________________________, 199__. _________________________________________ _________________________________________ Attorney for Signature of Name:_________________________________________________ Address:_______________________________________________ City, State. Zip:__________ _______________________________ Telephone:_____________________________________________ State Bar Code:_________________________________________ Client:_________________________________________________ IN THE SUPERIOR COURT OF THE STATE OF ARIZONA In and for the County of ___________________ ___________________________________________ In Re the Matter of: CASE NO. ______________________________________, Plaintiff WAIVER OF SERVICE OF SUMMONS vs. ______________________________________, Defendant __________________________________________________________________________________CV4SVC TO: _______________________________________, who is the [ ] Plaintiff [ ] Defendant [ ] Attorney for: __________________________________________. I acknowledge rec eipt of your request that I waive service of a summons in the above numbered and entitled action. I also have received a copy of the Petition/Complaint in this action, two copies of this Waiver, and a means by which I can return the signed waiver to you w ithout cost to me. I agree to save the cost of a service of a summons and an additional copy of the Petition/Complaint in this action by not requiring that I, or the party that I represent, be served with judicial process in the manner provided for by the Arizona Rules of Civil Procedure. I, or the party I represent, will retain all defenses or objections to the action or to the jurisdiction or venue of the court except for objections based on a defect in the summons or in the service of the summons. I unde rstand that a judgment may be entered against me, or the party I represent, if an answer or motion under Rule 12 is not served upon you within 60 days after __________________________ ( date Request was sent), or within 90 days if the request was sent outs ide the United States. Either I am not in the Military or Naval Service of the United States of America or I am and I waive my rights under the Soldiers and Sailors Civil Relief Act. I have read the foregoing document and know of my own knowledge that th e facts stated therein are true and correct. Dated this ____ day of ____________________, 199___. _________________________________________ _________________________________________ Printed name and Title Signature of STATE OF ARIZONA ) County of _______________ )ss Subscribed and Sworn Before me this Date __________________________ Notary Public ___________________________________________________ ( Seal ) DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS Rule 4.1 and Rule 4.2 of the Arizona Rules of Civil Procedure require certain parties to cooperate in saving unnecessary costs of service of the summons and the Petition/Complaint. A party located in the United States who, after being notified of an action and asked by the moving party located in the United States to waive service of a summons, fails to do so will be required to bear the cost of such service unless good cause can be shown fo r the failure to sign and return the Waiver. It is not good cause for failure to waive service that a party believes that a Petition/Complaint is 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 it's person or property. A party who waives service of summons retains all defenses and objections except ant relating to the summons or the service of the summons and may later object to the jurisdiction of the court or to the place where the action has been brought. A party who waives service must within the time specified on the waiver form, serve on the moving party or h is attorney a response to the Petition/Complaint and also must file 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 entered against that party. By waiving service, a party is allowed more time to answer than if the summons had been actually served when the request for waiver was received. Adopted Oct. 31, 1996 on an emergency basis, effective Dec. 1, 1996. Name:_________________________________________________ Address:_______________________________________________ City, State. Zip:_________________________________________ Telephone:_____________________________________________ State Bar Code:_______________ __________________________ Client:_________________________________________________ IN THE SUPERIOR COURT OF THE STATE OF ARIZONA In and for the County of ___________________ ___________________________________________ In re the Matter of: CASE NO. ______________________________________, Plaintiff ACCEPTANCE OF SERVICE vs. __________________________ ____________, Defendant __________________________________________________________________________________CV4SVC 1. My name is ______________________________________________, and I am the [ ] Plaintiff [ ] Defendant in this Action. 2. I acknowledge receipt and acceptance of service upon me of the following documents: _______________________________________________ ___________________________________________ ___ __________________________________________________________________________________________ ___ 3. I waive formal service by a Sheriff or Process Server and understand that by signing this Acceptance it's effe ct is the same as if I were formally served pursuant to ARCP 4, 4.1, 4.2. 4. I understand that by signing this Acceptance of Service I am not waiving my right to file a Response or Objection. I understand that a Response or Objection must be filed withi n the time period required by Arizona law beginning the date that I sign this Acceptance. 5. I understand that if I do not appear and defend in this action within the time period specified by law I may loose my right to be heard in this case. I understa nd that failure to respond or answer could result in this Court may enter a default judgment, awarding the other party the relief requested in his/her Petition/Complaint. 6. I am not in the military service of the United States of America in any capacity or I waive the protection offered to me by the Soldiers and Sailors Relief Act. I have read the foregoing document and know of my own knowledge that the facts stated therein are true and correct. STATE OF ARIZONA ) County of _________________)ss __ __________________________________________________ Signature of Subscribed and Sworn Before me this Date____________________________________ Notary Public ___________________________________________________ ( Seal )