What does signing a waiver actually waive?

Signing a Waiver of Service generally waives only the requirement of formal personal service; it does not automatically waive substantive defenses such as lack of subject-matter jurisdiction. Consult local procedural rules to confirm the waiver’s effect under the applicable court rules.

Can I sign electronically?

Yes, electronic signatures are legally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided the platform captures intent, consent, attribution, and retention. For consumer-facing matters check ESIGN consumer disclosure requirements before e-executing.

Who can sign for a company?

An officer, registered agent, or other authorized representative may sign on the company’s behalf. Retain evidence of authority—such as corporate minutes, a delegation email, or an agency appointment—to prevent later challenges.

Is notarization required?

Not typically required for waiver forms in most jurisdictions, but some local rules or specific circumstances may request notarization; verify the court or state requirement before notarizing.

What if the defendant refuses to sign?

If the defendant declines to waive service, the plaintiff may proceed with formal service methods. In some cases the court may award plaintiff costs if refusal was unreasonable under procedural rules.

When should the plaintiff file the returned waiver?

Plaintiff should file or lodge the executed waiver according to local practice to create a docket entry showing receipt; check local rules for timing and whether the filed waiver must include the complaint as an exhibit.

Electronic Signature
Templates
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Waiver of Service of Summons

Waiver of Service of Summons

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

WAIVER OF SERVICE OF SUMMONS

AO 399 (12/93)

UNITED STATES DISTRICT COURT

DISTRICT OF

DIVISION

Plaintiff(s)

v.

Defendant(s)

No.:

WAIVER OF SERVICE OF

SUMMONS

I acknowledge receipt of your request that I waive service of a summons in this action. 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.

I agree to save the cost of service of a summons and an additional copy of the 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 for by Rule 4 of the Federal Rules of Civil Procedure.

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 of the court except for objections based on a defect in the summons or in the service of the summons.

I understand that a judgment 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 (date request was sent), or within 90 days after that date if the request was sent outside the United States.

(Date)

(Signature)

(Printed/Typed Name)

As

Of

Duty to Avoid Unnecessary Costs of Service of Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service of the summons and complaint. A defendant located in the United States who, after being notified of an action and asked by a plaintiff 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 be shown for its failure to sign and return the waiver.

It is not good cause for a failure to waive service if that party believes that the 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 its person or property. A party who waives service of the summons retains all defenses and objections (except any relating to the summons or to 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 defendant who waives service must within the time specified on the waiver form serve on the plaintiff=s attorney (or unrepresented plaintiff) a response to the complaint and must also 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 taken against that defendant. By waiving service, a defendant is allowed more time to answer than if the summons had actually been served when the request for waiver of service was received.

What the Waiver of Service of Summons Is and when it applies

A Waiver of Service of Summons is a signed statement by a defendant or their authorized agent that accepts receipt of the complaint without formal personal service. It documents the defendant's agreement to be notified and typically extends the time to respond under procedural rules. In federal practice the mechanism is governed by Federal Rule of Civil Procedure 4(d); state courts have analogous procedures with local variations. Using a written waiver can reduce process costs, avoid contested personal service, and create a clear record for the court.

Why parties use a Waiver of Service of Summons

A waiver reduces the cost and time associated with formal service, establishes a documented receipt, and usually extends the defendant's deadline to answer. It can streamline case management while preserving defenses other than improper service.

Common parties who prepare or sign this waiver

The Waiver of Service of Summons is used by plaintiffs, defendants, and their counsel to simplify notice and preserve court timelines.

Plaintiffs and plaintiff counsel request waivers to avoid hiring process servers and to document service attempts.
Defendants or defense counsel sign and return the waiver to acknowledge receipt and trigger an extended response period.
Court clerks or filing agents accept and docket the executed waiver according to local filing procedures.

Each party’s responsibilities differ: plaintiffs draft and request the waiver, defendants review and return it, and clerks file the executed waiver per local rules.

Representative signers and their roles

Plaintiff's Counsel

An attorney for the plaintiff prepares and sends the waiver request and retains the returned copy as proof of service. They must confirm the correct case caption, party names, and mailing instructions before sending the form to the defendant or process agent.

Corporate Defendant

An authorized corporate officer or registered agent signs to accept service on behalf of the entity. The signer should confirm authority to act, verify identity, and preserve a dated executed copy to avoid later dispute about when service occurred.

Step-by-step: preparing and returning a waiver

A clear sequence reduces errors when exchanging and filing the waiver; follow these four core steps.

01

Review the Complaint: Confirm parties and caption match the waiver.
02

Complete the Waiver Form: Fill fields, sign, and date the document.
03

Return to Requesting Party: Mail or e-submit the executed waiver per instructions.
04

File with Court: Plaintiff files the returned waiver to the docket if required.

How to set up an online waiver workflow

Configure a digital process to collect waivers securely and keep an auditable trail.

Upload Document	Use PDF or DOCX input; preserve original formatting.
Add Signature Fields	Place signature, printed name, date, and title fields.
Authentication	Choose email link or SMS code signer verification.
Attach Exhibits	Include complaint PDF as supporting exhibit when needed.
Save Template	Store as a reusable template for future waiver requests.

Technical considerations for sending and signing electronically

Ensure retention and audit-trail features are enabled so you can reproduce the signed record for court; verify platform compliance for regulated industries.

File Formats: PDF and DOCX widely accepted.
Signer Authentication: Use email or SMS verification.
Integrations: Connect with case management systems.

Digital exchange flow for a Waiver of Service

A simple four-step digital flow can collect waivers quickly while preserving evidentiary details.

Sender Uploads: Upload waiver and attach complaint.
Place Fields: Add signature, name, date, and title fields.
Signer Authenticates: Verify identity via email or SMS code.
Complete and Archive: Signed waiver saved with audit trail.

Timing and deadlines to expect after a waiver request

Timelines vary by rule and jurisdiction; below are commonly applicable deadlines and consequences tied to waivers.

Federal Response Period:

Under FRCP 4(d), defendant has 60 days to respond if located in the U.S.; 90 days if abroad.

Return Promptly:

Return signed waiver promptly to avoid confusion about when the response period begins.

Failure to Return:

If defendant refuses without good cause, plaintiff may seek court-ordered service costs.

Filing the Waiver:

Plaintiff typically files the executed waiver to the docket; local rules may differ.

State Variations:

Some states modify timing or require local forms; verify the relevant state rule.

Key milestones after issuing a waiver request

Track these sequential milestones so parties know when actions must occur and when the court calendar moves forward.

01

Request Sent

Plaintiff mails or e-sends the waiver request to the defendant or agent.

02

Waiver Signed

Defendant executes and returns the waiver to plaintiff or counsel.

03

Plaintiff Files

Plaintiff may docket the returned waiver as proof of service.

04

Answer Deadline

Defendant's time-to-answer is calculated from the date the waiver request was sent.

Essential elements to include in a professional waiver

A complete waiver should identify the case, state the waiver language clearly, show the signer’s identity and authority, and provide return instructions for the requesting party.

Document Title

Clearly label the form 'Waiver of Service of Summons' so the court and parties recognize its purpose and reduce administrative ambiguity.

Case Information

Include the full case caption, court name, and docket number exactly as they appear on the complaint for accurate docketing and record linkage.

Waiver Statement

A concise statement that the signer accepts receipt of the complaint and waives formal personal service under the applicable rule or statute.

Signer Identification

Print the signer’s full legal name, title or relationship to the party, and, for organizations, their authority to bind the entity.

Signature and Date

A handwritten or electronic signature and a readily readable date are required to document when the waiver was executed.

Return Instructions

Provide a clear mailing or electronic return address so the plaintiff can demonstrate receipt and file the executed waiver with the court.

Security and compliance considerations for electronic waivers

In-transit Encryption: TLS 1.2/1.3

At-rest Encryption: AES-256 encryption

Audit Trail: Timestamped event history

HIPAA Support: BAA available on request

21 CFR Part 11: Compliant options available

SOC and ISO: SOC 2 Type II and ISO 27001

Risks and consequences to avoid

Missed Deadline: Default judgment risk

Incorrect Party: Waiver may be ineffective

Invalid Signature: Court may reject waiver

Failure to File: Record of service missing

Misunderstanding Scope: Not a waiver of all defenses

Notarization Omitted: May affect acceptance

Common preparation errors to avoid

Using an incorrect case caption or court name can delay filing and requires amendment before the court will accept the document.
Failing to include the case number or docket information often results in the waiver being misfiled or not linked to the action.
Returning an undated or incorrectly dated waiver makes it difficult to determine the defendant’s response deadline under the governing rules.
Confusing waiver of service with consent to jurisdiction or admission of liability can expose signers to unintended legal consequences.

Illustrative use cases for the waiver

Two short examples show how waivers are used to streamline civil practice while protecting legal rights.

Defense Avoids Service Costs

A small business received a waiver request and signed to avoid the disruption of a process server

The business confirmed the signer’s authority through a corporate officer attestation
The plaintiff filed the returned waiver and the defendant’s answer deadline was calculated from the sent date, eliminating extra service fees and preserving court scheduling.

Plaintiff Secures Timely Proof

A plaintiff’s attorney sent a signed waiver request by email and tracked the response with an auditable trail

The defendant returned the signed waiver electronically the same day
The attorney filed the executed waiver to the docket, establishing a clear service record and simplifying further case management tasks.

Practical tips to reduce disputes and filing errors

Adopt these practices to improve accuracy and reduce procedural risk when using waivers.

Verify Signer Authority in Writing

Before accepting a corporate waiver, obtain a line confirming the signer’s authority; retain evidence such as corporate resolutions or an email from authorized counsel to reduce later challenges to the waiver’s validity.

Preserve an Audit Trail

Use a platform or method that records timestamps, IP addresses, and signer authentication to create reproducible evidence that the waiver was requested and returned on specific dates.

Keep Exact Case Identifiers

Ensure the waiver contains the precise case caption, docket number, and court name; clerks and opposing counsel use these details to link the waiver to the correct file.

Consult Counsel Before Waiving

Waiving formal service affects procedural deadlines; get legal advice to confirm waiving service is appropriate and that no substantive defenses are being unintentionally waived.

Pricing snapshot for eSignature tools commonly used to exchange waivers

Compare basic pricing and key capabilities across vendors to determine which eSignature option meets compliance and volume needs.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about waiving service

Answers to common questions address legal effect, signing options, filing practice, and what to do if disputes arise.

Need help? Contact support

What does signing a waiver actually waive?
Signing a Waiver of Service generally waives only the requirement of formal personal service; it does not automatically waive substantive defenses such as lack of subject-matter jurisdiction. Consult local procedural rules to confirm the waiver’s effect under the applicable court rules.
Can I sign electronically?
Yes, electronic signatures are legally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided the platform captures intent, consent, attribution, and retention. For consumer-facing matters check ESIGN consumer disclosure requirements before e-executing.
Who can sign for a company?
An officer, registered agent, or other authorized representative may sign on the company’s behalf. Retain evidence of authority—such as corporate minutes, a delegation email, or an agency appointment—to prevent later challenges.
Is notarization required?
Not typically required for waiver forms in most jurisdictions, but some local rules or specific circumstances may request notarization; verify the court or state requirement before notarizing.
What if the defendant refuses to sign?
If the defendant declines to waive service, the plaintiff may proceed with formal service methods. In some cases the court may award plaintiff costs if refusal was unreasonable under procedural rules.
When should the plaintiff file the returned waiver?
Plaintiff should file or lodge the executed waiver according to local practice to create a docket entry showing receipt; check local rules for timing and whether the filed waiver must include the complaint as an exhibit.

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