What does signing a waiver do?

Signing a waiver acknowledges receipt of the complaint and typically waives the defendant's right to service by process server; it starts any court-authorized response deadline unless the waiver states otherwise.

Can a waiver be signed electronically?

Yes in most jurisdictions if parties consent and local rules permit; electronic signatures that meet ESIGN (15 U.S.C. ch. 96) and UETA requirements are generally enforceable, though courts may apply specific evidentiary rules.

Who may sign for a corporate defendant?

An officer or authorized agent with documented authority should sign. Attach a corporate resolution or designation when authority is not evident from public records to avoid later challenges.

Does a waiver need notarization?

Not typically required for service waivers, but some states or courts may expect notarization for certain filings; verify local rules before relying on a non-notarized waiver.

How is a signed waiver filed with the court?

File the executed waiver per local filing rules—electronically if allowed or by mail or hand delivery. Include a certificate of service if required by court procedures.

Can a waiver be revoked after signing?

Revocation is rare and may not be effective if the plaintiff has already relied upon the waiver; consult counsel and court rules promptly if a signer seeks to retract consent.

Electronic Signature
Templates
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Waiver of the Service of Summons

Waiver of the 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

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

PLAINTIFF(S)

V.

DEFENDANT(S).

CASE NUMBER

WAIVER OF SERVICE OF
SUMMONS

To:

I hereby acknowledge receipt of your request that I waive service of a summons in the above-entitled action. I have also received a copy of the complaint in the action, two copies of this waiver form, 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 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 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 within 60 days after* or within 90 days after that date if the request was sent outside the United States.

*Date Notice of Lawsuit and Request for Waiver of Service Summons is sent.

Date Signed by Receiving Party

Name

Street Address

City, State, Zip Code

Signature

Telephone Number and Fax Number

Relationship to Entity on Whose Behalf I am Acting

Name of Party Waiving Service

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 that a 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 been actually served when the request for waiver of summons was received.

CV-108 (06/98)

WAIVER OF SERVICE OF SUMMONS

What a Waiver of the Service of Summons Is and when it's used

A Waiver of the Service of Summons is a signed document in which a defendant voluntarily acknowledges receipt of a complaint and waives formal personal service procedures. It allows a plaintiff to proceed without employing a process server or sheriff, speeds initial case scheduling, and creates a record of receipt. Where electronic signatures are permitted, a properly executed e-waiver can satisfy service requirements under ESIGN (15 U.S.C. ch. 96) and UETA in states that have adopted it, subject to court rules and any statutory exceptions.

Why parties use a Waiver of the Service of Summons

Using a waiver reduces costs and delay by avoiding in-person service, clarifies when the defendant was served, and preserves evidence of receipt. A signed waiver can streamline litigation entry, limit contested service disputes, and support timely case management under local civil procedure rules.

Who typically completes a Waiver of the Service of Summons

Primary users and typical roles that prepare or sign the waiver.

Plaintiff or plaintiff's counsel preparing the waiver for the defendant to sign.
Corporate defendants or in-house counsel authorizing an agent to accept service in writing.
Registered agents, process servers, or counsel who confirm receipt and file the executed waiver with the court.

Step-by-step: Completing a Waiver of the Service of Summons

Follow these core steps to prepare, sign, and file a waiver reliably; adapt to court-specific formatting and deadlines.

01

Prepare: Draft waiver with case caption and filing court.
02

Identify Parties: Enter plaintiff, defendant, counsel names, and case number.
03

Sign: Have authorized signer execute and date the waiver.
04

File: File executed waiver or serve notice per local court rules.

Key compliance and security considerations for e-signed waivers

Encryption: TLS 1.2/1.3; AES-256 at rest

Audit Trail: Timestamp, IP, and action log

Access Controls: Role-based permissions enforced

Certification: SOC 2 Type II available

HIPAA: BAA available where required

Retention: Tamper-evident archives supported

Risks and legal consequences of an improper waiver

Invalid Service: Waiver may be rejected

Delay: Case schedule may be postponed

Default Exposure: Plaintiff may need to re-serve

Court Sanctions: Possible procedural sanctions

E-signature Issues: Consent or retention gaps

Confidentiality: Unauthorized disclosure risk

Common mistakes to avoid when preparing a waiver

Using an incorrect or incomplete case caption that prevents the court clerk from associating the waiver with the pending matter.
Entering the wrong defendant name or using a trade name instead of the legal entity, producing ambiguity about who waived service.
Failing to date the signed waiver or using inconsistent date formats, which can affect statutory response periods.
Assuming electronic signing is permitted without checking court rules or state law leading to rejection of the waiver.

How the waiver process typically flows from preparation to filing

A straightforward workflow reduces friction and preserves evidence of service; adapt authentication strength to court expectations.

Upload: Upload waiver to case file or e-sign platform.
Assign: Place signature and date fields for the signer.
Authenticate: Use email, SMS, or stronger identity verification.
File/Serve: File executed waiver per local court procedures.

eSignature vendor pricing and capability snapshot relevant to waivers

Compare vendor starting prices and key capabilities that affect secure execution, identity verification, and HIPAA compliance for legal waivers.

	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	Yes, 7-day trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about Waiver of the Service of Summons

Answers to common questions about effect, electronic signing, signature authority, filing, and revocation of waivers.

Need help? Contact support

What does signing a waiver do?
Signing a waiver acknowledges receipt of the complaint and typically waives the defendant's right to service by process server; it starts any court-authorized response deadline unless the waiver states otherwise.
Can a waiver be signed electronically?
Yes in most jurisdictions if parties consent and local rules permit; electronic signatures that meet ESIGN (15 U.S.C. ch. 96) and UETA requirements are generally enforceable, though courts may apply specific evidentiary rules.
Who may sign for a corporate defendant?
An officer or authorized agent with documented authority should sign. Attach a corporate resolution or designation when authority is not evident from public records to avoid later challenges.
Does a waiver need notarization?
Not typically required for service waivers, but some states or courts may expect notarization for certain filings; verify local rules before relying on a non-notarized waiver.
How is a signed waiver filed with the court?
File the executed waiver per local filing rules—electronically if allowed or by mail or hand delivery. Include a certificate of service if required by court procedures.
Can a waiver be revoked after signing?
Revocation is rare and may not be effective if the plaintiff has already relied upon the waiver; consult counsel and court rules promptly if a signer seeks to retract consent.

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