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Glossary

Waiver of service

A simpler process where the defendant agrees to accept the lawsuit by mail, avoiding the cost and hassle of formal personal service.

In federal court, a plaintiff can mail the defendant a request to waive formal service along with a copy of the complaint. If the defendant signs and returns the waiver, no in-person service is needed. In return, the defendant gets more time to respond to the complaint. A defendant who refuses to waive without a good reason can be ordered to pay the costs of the formal service that ends up being required. The waiver process is meant to encourage cooperation and cut down on unnecessary expense.