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“Drafting a Waiver of the Service of Summons: Key Considerations and Procedure”

Service Description


In civil litigation, the service of summons is a formal process of notifying a defendant about a legal action or proceeding against them. However, in certain circumstances, a defendant may choose to waive this service through a legal document known as a Waiver of the Service of Summons. This waiver simplifies the process, saving time and resources for all parties involved.


The need for this waiver arises when a defendant agrees to participate in the legal process without formal service of a summons. This might occur in cases where the defendant is already aware of the lawsuit and wishes to cooperate or expedite the proceedings.

How to Draft

To draft a Waiver of the Service of Summons:

  1. Case Information: Include the court’s name, case number, and the names of the plaintiff and defendant.
  2. Acknowledgment: State that you, the defendant, have received the complaint and understand its contents.
  3. Waiver Statement: Clearly state your intention to waive the formal service of summons.
  4. Timeframe for Response: Acknowledge the timeframe within which you must file a response to the complaint.
  5. Voluntary Agreement: Affirm that the decision to waive the service is voluntary and not influenced by any outside party.
  6. Signature and Date: Sign and date the waiver. It’s advisable to have it notarized for additional legal validity.
  7. Attorney’s Information (if applicable): If you are represented, include your attorney’s name, address, and contact information.


Submit the Waiver of the Service of Summons to the court where the lawsuit is filed. Additionally, provide a copy to the plaintiff or their legal representative.


A Waiver of the Service of Summons is an important legal document that can streamline the initial stages of a lawsuit. It signifies a defendant’s willingness to engage in the legal process and can lead to a more efficient resolution of the case.