What does it mean to waive service of summons?

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What does it mean to waive service of summons?

Asked on May 9, 2015 under Estate Planning, Montana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A summons is a formal request for a person to appear in court (or related venue). How that summons is delivered to the person is set by state statute. However, that person may waive the legal requirements regarding just how they are served.

If you sign a waiver of service you relieve the plaintiff of its obligation for the delivery of the summons by personal service (i.e. getting it from a process server). You also give up a right to proof of service and allow voluntary acceptance of service. In other words, by signing the waiver you accept the method of service and agree that the method of service is just as valid as if someone personally handed it to you. This, however, only affects your right to receive notice by formal means, nothing else.


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