Get Your Free Excerpts Now
Waiver of Service
Notice and request for waiver. A plaintiff may notify a defendant of the commencement of an action and request that the
defendant waive service of a summons. The notice and request shall be
in writing in a form prescribed by Supreme Court rule. The notice and
- Be addressed to an individual who is the defendant or who could
be served as representative of an entity that is the defendant;
- Be dispatched through first class U.S. mail or other equally reliable means;
- Contain a copy of the complaint and identify the court in which it has been filed;
- Inform the defendant of the consequences of compliance and of a failure to comply with the request;
- Allow the defendant a reasonable time to return the waiver,
which shall be at least (i) 30 days from the date on which the request
is sent or (ii) 60 days if the defendant is addressed outside the
United States; and
- Provide the defendant with an extra copy of the notice and request and prepaid means of compliance in writing.
Limits on waiver. A defendant who waives service of a summons
in the manner provided in subsection (a) does not thereby waive any
objection to the venue or to the jurisdiction of the court over the
person of the defendant.
Time to appear or answer. A defendant who returns a timely
wavier of service is not required to appear or serve an answer to the
complaint until (i) 60 days from the date on which the request for
waiver of service was sent or (ii) 90 days if the defendant was
addressed outside of the United States.
Effect of filing. When a waiver of service is filed by the
plaintiff with the court, the action shall proceed as if a summons and
complaint had been served at the time of filing of the waiver, and no
proof of service shall be required.
Right to refuse to waive service; effect of refusal. A defendant
may refuse to waive service of a summons. If a defendant does not
return the waiver provided for in subsection (a), the plaintiff must
serve summons on that defendant as otherwise provided by this Code and
Supreme Court rules.