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SUI JURIS PACKAGE - A SIMPLE GUIDE TO FILING A CIVIL ACTION
UNITED STATES DISTRICT COURT ________________ DISTRICT OF ______________ Office of the Clerk of Court The following instructions have been compiled to assist any person wishing to file a complaint in this court. We have attempted to simplify procedures; however, we cannot and will not act as lawyers nor give advice as counsel. We do not anticipate that these simple procedures will satisfy all needs, and the Local Rules of Practice for the U.S. District Court are available for more specific guidance. You should use the Local Rules along with the Federal Rules of Civil Procedures. The Federal Rules are available at a public library and the Local Rules are available from the Clerk's Office. http://www.law.cornell.edu/rules/frcp/Appellee's Brief. The appellee's brief must conform to the requirements of Rule 28(a)(1)-(9) and (11). (1) the jurisdictional statement; (2) the statement of the issues; (3) the statement of the case; (4) the statement of the facts; and (5) the statement of the standard of review.
(c) Reply Brief. The appellant may file a brief in reply to the appellee's brief. Amended pleadings, must be done in the same exact manner, and must be in a timely fashion. A reply brief must contain a table of contents, with page references, and a table of authorities-cases (alphabetically arranged), statutes, and other authorities with references to the pages of the reply brief where they are cited.
(d) References to Parties. In briefs and at oral argument, counsel should minimize use of the terms "appellant" and "appellee." To make briefs clear, counsel should use the parties' actual names or the designations used in the lower court or agency proceeding, or such descriptive terms as "the employee," "the injured person," "the taxpayer," "the ship," "the stevedore."
(e) References to the Record. References to the parts of the record contained in the appendix filed with the appellant's brief must be to the pages of the appendix. If the appendix is prepared after the briefs are filed, a party referring to the record must follow one of the methods detailed in Rule 30(c). If the original record is used under Rule 30(f) and is not consecutively paginated, or if the brief refers to an unreproduced part of the record, any reference must be to the page of the original document. For example: • Answer p. 7;• Motion for Judgment p. 2;• Transcript p. 231.Only clear abbreviations may be used. A party referring to evidence whose admissibility is in controversy must cite the pages of the appendix or of the transcript at which the evidence was identified, offered, and received or rejected. ********* If you believe that you have been injured or wronged by someone, some individual, corporation or government agency and you also believe you should be compensated for the harm you have suffered, you may decide to file a civil suit in the United States District Court, without the help of an attorney. FUNDAMENTAL INFORMATION First, there are a few simple concepts you must get to know and understand. The PLAINTIFF is the person who files the lawsuit. The DEFENDANT is the person who is being sued. If you are representing yourself without the benefit of an attorney, you are known as a PRO SE LITIGANT. "Pro Se" is a Latin term meaning "for yourself." As a pro se litigant, you enjoy every right entitled to you under the law. You need not worry if you have had little or no experience with the courts before. However, pro se litigants are expected to follow/abide by the rules that govern the practice of law in the Federal Courts. Pro Se Litigants should be familiar with the Federal Rules of Civil Procedure and the Local Rilles of this court. FEDERAL COURT vs STATE COURT There is a difference between State Court and Federal Court. The difference being in what 1ypes of cases (law suits) they can decide. This is called JURISDICTION. State Court has general/broadjurisdiction and Federal Court has limited/specific jurisdiction. Under Federal Court jurisdiction, the two main 1ypes of cases are Federal Question Cases and Diversity Cases. FEDERAL QUESTION CASES: are cases where the issue involves violation of Federal Law. DIVERSITY CASES: are cases where the Plaintiff and Defendant are citizens of different states and the amount in controversy exceeds the sum or value of $75,000. exclusive of interest and costs. STEP ONE: WRITE YOUR COMPLAINT All cases are comprised of documents prepared and filed by litigants. The most common documents are the complaint, answer and motions. The first document that you must write/file is called a COMPLAINT (see Attachment No.1). The function of the COMPLAINT is to tell the Court and the defendant the reason for filing the lawsuit and what relief you desire. You must provide an original and one of the complaint. along with sufficient copies for each defendant to be served. The COMPLAINT must state: The NAME AND ADDRESS of the plaintiff in the upper left hand comer of the complaint. The names of all the plaintiffs and defendants must be stated in the caption. The Court will provide the case number. The JURISDICTION or reason your case is being filed in Federal Court. See 28 D.S.C. § 1331et seq. The ALLEGATIONS or claims that you are making against the defendant(s). Place each allegation in a short clearly-written paragraph. See Rule 10 Federal Rules of Civil Procedure. The RELIEF you are seeking from the court. This can be money or something you want the Judge to make the defendant do or stop doing. This information is usually written in the last paragraph of the COMPLAINT. If you believe that you are entitled to a trial by jury, you must indicate in a paragraph following the relief requested that you claim trial by jury. See Rule 38(b) of the Federal Rules of Civil Procedure. Do not worry that your COMPLAINT is not professionally written. It should be typed if possible. The Court will take into consideration that you are a PRO SE litigant and untrained in drafting legal documents. You should, however, make every effort to state your case in clear, concise terms. See Rule_8 and 10 of the Federal Rules of Civil Procedure. YOU MUST SIGN YOUR COMPLAINT. Forms for filing a petition under Title 28 D.S.C. & 2254 for writ of habeas corpus by a person in state custody or a motion under Title 28 D.S.C. § 2255 to vacate, set aside, or correct sentence by a person in Federal custody are available from the Clerk's Office. All pleadings submitted to this Court must be on 8 ˝ by 11" paper. STEP TWO: FILE YOUR COMPLAINT Your next step is to file the COMPLAINT with the Court. In addition to filing the COMPLAINT the following forms will have to be completed and submitted with the complaint: 1. A Civil Cover Sheet - (Attachment 2) 2. If you are making service by SUMMONS, a completed SUMMONS for each defendant - (Attachment 3) Please refer to Step 3 for service. 3. A $150.00 file fee for a civil case (the filing fee for a petition for writ of habeas corpus is $5.00) The filing fee may be waived if you cannot afford to pay it. For more information, see below. All checks or money orders should be made payable to: "CLERK, UNITED STATES DISTRICT COURT". IF YOU CANNOT AFFORD TO PAY THE FILING FEE you may be allowed to have the filing fee waived if you fill out an APPLICATION FOR LEA VB TO PROCEED IN FORMA PAUPERIS – (Attachment 4) and send it to the Court with the COMPLAINT, Cover Sheet, service copies for each defendant and, if appropriate, completed Summons forms. The Financial Affidavit is required to be completed so that the selected Judge can make a determination of your inability to pay the filing fee. When you file the COMPLAINT, Cover Sheet (summons if applicable) and Application for Leave to Proceed in Forma Paupers, each of these will be reviewed and forwarded to a Judge for consideration. If your Application is approved, the filing fee will be waived and your case will proceed. If your Application is not approved, you must pay the filing fee to have your case proceed. If your In Forma Paupers application is granted, the Court will direct the U.S. Marshal to serve your summons and complaint upon the defendants. In order for the Marshal to effectuate service on all defendants, you must provide service copies of the complaint for each defendant and complete a Marshal's 285 form for each defendant. You are responsible for the movement of your case once it is filed. CONSENT FORMS When you file your complaint you will be given forms called: NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE AND APPEAL OPTION and CONSENT TO PROCEED BEFORE UNITED MAGISTRATE JUDGE, which you will need to serve on the parties in your case. Upon the voluntary consent of ALL parties (who must file the consent form with the Court), a Magistrate Judge may conduct any and all proceedings in your civil case, including a jury or non-jury trial, and the entry of final judgment, in accordance with the provisions of Title 28, U.S.C. § 636(c). STEP THREE: SERVICE OF PROCESS If you are NOT preceding In Forma Paupers, your next step is to SERVE (inform) each of the defendants that he or she is being sued. This may be done in two ways: NOTICE AND REQUEST FOR WAIVER OF SERVICE If you are suing the United States (and its agencies, corporations, or officers) or a state, local or foreign government, you CANNOT use this method and you MUST arrange for Service of Process (described below at number 2). You may notify non-government defendant(s) of the commencement of the lawsuit by sending a "NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS" - Form AO 398 (Attachment 5) along with a copy of the complaint by first-class mail or other reliable means. You must also include a copy of the WAIVER OF SERVICE OF SUMMONS- Form AO 399 (Attachment 6) and a self-addressed return envelope. See Rule 4(d) of the Federal Rules of Civil Procedure. If service is waived by the defendant the Waiver of Service form is returned to the plaintiff for filing with the court and the action shall proceed. If the defendant does not waive service, the plaintiff must proceed with service of process. SERVICE OF PROCESS Making "service of process" involves serving a copy of the complaint upon each of the defendants. A SUMMONS is a writ used to notify the person named as the defendant of the commencement of the civil action and the requirement to appear and answer. The summons must contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address and the time within which the rules require the defendant to answer the complaint. If a defendant has not "waived service of summons" OR you are suing a government (federal, state, local, foreign) you MUST arrange to have a copy of an original summons and a copy of the complaint served upon each defendant. You must complete a summons for each defendant and present each summons to the Clerk who will sign and place the Court Seal on each summons. A copy of the summons must be served upon each defendant with a copy of the complaint. The original summons is for the use of the person making service. You can make service of process by having a "disinterested" (non-party) person who is over the age of eighteen deliver copies of the SUMMONS and COMPLAINT to each of the defendants. When using this method of making service of process, have the server fill out the back of the original SUMMONS and send it to the Court. See Rule 4.> Federal Rules of Civil Procedure. NOTE: Service of the COMPLAINT on the defendant must be made within 120 days from the date the complaint was filed or the case will be subject to dismissal. See Rule 4 Federal Rules of Civil Procedure. THINGS YOU SHOULD KNOW ABOUT The ANSWER is the formal written statement by the defendant responding to a complaint setting forth any defenses and objections to the claims by the plaintiff. A MOTION is an application or request made to the court for the purpose of obtaining a ruling or order directing some act to be done in favor of the applicant. See Rule 7(b). Federal Rules of Civil Procedure. AFTER THE ANSWER In most cases the Court will issue a SCHEDULING ORDER which sets forth a timetable with deadlines the litigants must follow. The DISCOVERY PERIOD is the time frame allowed by the Court for both plaintiff and defendant to discover facts, research the law, and gather evidence to be presented at trial to prove the litigant's position/case. The discovery period always comes after the filing of the answer by the defendant and before the first day of the trial. COMPLAINT/ANSWERIDISCOVERY PERIODITRIAL Whenever you file any document with the Court, you must always: Send a copy to each of the parties who are involved in the case, or their lawyers, and indicate on a Proof of Service form (see attachment 7) at the end of the document that you have done so in accordance with Federal Rule of Civil Procedure. Provide the correct civil action number of your case on ALL documents and correspondence and have it readily available whenever you call the Court for information. Sign all documents you file with the Court. Place the words "SUI JURIS" after your name. Place your address and telephone number on all documents and inform the Court of any changes, as soon as possible to ensure proper service of Court issued orders. It is very important that you provide a telephone number in the event it is necessary to obtain further information or clarification or advise you of any changes in hearing schedules. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM Authority For Civil Cover Sheet The civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as require< by law, except as provided by local rules of court. This form, approved by the. Judicial Conference of the United States in September 1974, is required for, use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, us! only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official giving both name and title. (b.) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the County where the first listed plaintiff resides at the, time filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, notin! in this section "(see attachment)". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" il one of the boxes. I f there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (I) Jurisdiction based on 28 U.S.C. J 345 and 1348. Suits by agencies and officers of the United States, are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. {4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship 0 the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS-44 is to be completed if diversity of citizenship was indicated above. Mark section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV below, ii sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section "1441. When the petitior for removal is granted, check this box. Remanded fr0111 Appellate Court. (3) Check this box for eases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a) Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a l1 multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When the box is checked, do not check {5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision. VI. Cause of Action. Report the civi I statute directly related to the cause of action and give a brief description of the cause. VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. [n this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS.44 is used to reference related pending cases if any. If there are related pending cases, insert the docket number and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet. CIVIL COVER SHEET IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF STATE ______________ _____________ DIVISION Cause No.: _________________________________ Name ________ individually, and ) on behalf of all persons similarly situated, ) ) Plaintiffs-Petitioners, ) ) v. ) ) STATE OF ____________ ) ) Defendant-Respondent. ) Verified Complaints for Patterns of: Denials and Violations of Civil Rights, Neglect to Prevent the Same, Willful Discrimination, Policy of Clear Constitutional Rights, and Reckless or Negligent Government Mismanagement; and, Verified Petition for Damages and Certain Remedial Actions
Your Name________ In Propria Persona, Sui Juris A Free Man, Sovereign, Constitutional Rights Intact & no rights are waived at any time. Address Address zip code exempt "Telephone Appearance" (tele)phone
I Declare for under Penalty of Perjury and under the Constitution in the State of __________ That the for Going is True and Correct.
06[IV. NATURE OF SUIT (Place an "X" in One Box Only) CONTRACT TORTS 0 110 Insurance PERSONAL IN.JURY PERSONAL INJURY 0 120 Marine 0 310 Airplane 0 362 Personal Injury- 0 130 Miller Act 0 315 Airplane Product Med. ylalpractice 0 140 Negotiable InstrUment Liability 0 365 Personal Injury - 0 150 Recovery ofOverpaymem 0 320 Assault. Libel & Product Liability & Enforcement of Judgment Slander 0 368 Asbestos Personal 0 151 Medicare Act 0 330 Federal Employers' InjlllY Product 0 152 Recovery of Defaulted Liability Liability Student Loans 0 340 Marine PERSONAL PROPERTY (Exc!. Veterans) 0 345 Marine Product 0 370 Other Fraud 0 153 Recovery of Overpayment Liability 0 371 Tmth in Lending ofVeteran.s Benetlts 0 350 Motor Vehicle 0 380 Other Personal 0 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage 0 190 Other Contract Product Liability 0 385 Property Damage 0 195 Contract Product Liability 0 360 Other Personal Injury Product Liability 0 210 Land CondenU1ation 0 441 Voting 0 510 ylotions to Vacate 442 Employment 0 230 Rem Lease & Ejectment 0 443 Housing/ Habeas Corpus: 0 240 Tons to Land Accommodations 0 530 General 0 245 Tort Product Liability 0 444 Welfare 0 535 Death Penalty 0 290 All Other Real Property 0 440 Other Civil Rights 0 540 Mandamus & Other 0 550 Civil Rights 0 555 Prison Condition FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 0 610 Agriculture 0 422 Appeal 28 USC 158 0 400 State Reapportionment 0 620 Other Food & Dmg 0 410 Antitrust 0 625 Dmg Related Seizure 0 423 Withdrawal 0 430 Banks and Banking of Property 21 USC 881 28 USC 157 0 450 ConlTnerce!ICC Rates!et 0 630 Liquor Laws 0 460 Deportation 0 640 R.R. & Truck PROPERTY RIGHTS 0 470 Racketeer Intluenced alll 0 650 Airline Regs. 0 820 Copyrights COlTtlpt Orgamzations 0 660 Occupational 0 830 PalCm 0 810 Selective Service Safety/Health 0 850 Securities/Commodities/ 0 690 Other Exchange 0 875 Customer ChaHenge LABOR SOCIAL SECURITY 12 USC 3410 0 710 Fair Labor Standards 0 861 HIA (1395 ff) 0 891 Agricultural Acts Act 0 862 Black Lung (923) 0 892 Economic Stabilization I 0 no Labor/Mgmt. Relations 0 863 DIWCIDIWW (405(g» 0 893 Environmental Mailers 0 894 Energy Aliccalion Act 0 895 Freedom of 0 730 Labor/Mgmt.Reporting 0 865 RSI (405(g) Infonnalion Act & Disclosure Act 0 900Appeal of Fee 0 FEDERAL TAX SUITS Deten1\ination Under Equal Access to Justice 0 870 Taxes (U.S. Plaimiff 0 790 Other Labor Litigation 0 791 Emp!. Ret. Inc. State Statutes Security Act 0 87l IRS-Third Party 0 890 Other Statutory Actions 26 USC 7609
V. ORIGIN (PLACE AN "X" IN ONE BOX ONL Y) 0 I Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated 0 5 TransfelTed _rom Proceeding State Court Appellate Court or another dlstnct Reopened (speclfv) (Cite the U.S. Ch'il Statute under which you are filing and write brief statement of cause. Do not cite jurisdictional statutes unless diversity.) 0 6 Multidistrict Litigation 7 Appeal to Distl 0 JudŁe Irom Magistrate .Judgment VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANT 0CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 DEMAND $ CHECK YES only if demanded in complaint: JURY DEMAND: 0 Yes 0 No (See instructions): JUDGE DOCKET NUMBER DATE SIGNA TURE OF ATTORNEY OF RECORD FOR OFFICE: USE ONL Y RECEIPT 1# AMOUNT APPLYING IFP JUDGE MAG. JUDGE
RETURN OF SERVICE DATE Service of the Summons and complaint was made by me\l) NAME OF SERVER (PRINT) TITLE Check one box belo'w to indicate aDDrOlJriate method or service D Served personally upon the defendant. Place where served: 0 Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: D Retumed unexecuted: STATEMENT OF SERVICE FEES TRA VEL I SERVICES TroTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing infonllation contained in the Retunl of Service and Statement of Service Fees is true and COtTect. Executed on Date Signa/lire of Server Address afServer t, (I) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure. %AO 240 (Rev. 9/96) UNITED STATES DISTRlCT COURT District of Plaintiff APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND AFFIDAVIT v. CASE NUMBER: Defendant I, declare that I am the (check appropriate box) 0 petitioner/plaintiff/movant 0 other in the above-entitled proceeding; that in support of my request to proceed without prepayment of fees or costs under 28 use § 1915 I declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief sought in the complaint/petition/motion. In support of this application, I answer the following questions under penalty of perjury: 1. Are you currently incarcerated? 0 Yes ONo (If "No," go to Part 2) If "Yes," state the place of your incarceration Are you employed at the institution? Do you receive any payment from the Attach a ledger sheet from the institution(s) of your incarceration showing at least the past six months' transactions. 2. Are you currently employed? 0 Yes ONo a. If the answer is "Yes," state the amount of your take-home salary or wages and pay period and give the name and address of your employer. b. If the answer is "No," state the date of your last employment, the amount of your take-home salary or wages and pay period and the name and address of your last employer. 3. In the past 12 twelve months have you received any money from any of the following sources? a. Business, profession or other self-employment 0 Yes ONo b. Rent payments, interest or dividends 0 Yes ONo c. Pensions, annuities or life insurance payments 0 Yes ONo d. Disability or workers compensation payments 0 Yes ONo e. Gifts or inheritances 0 Yes ONo f. Any other sources 0 Yes ONo g. Social Security, is Exempt 0 Yes ONo TITLE 42 > CHAPTER 7 > SUBCHAPTER XVI > Part B > § 1383 If the answer to any of the above is "Yes," describe, on the following page, each source of money and state the amount received and what you expect you will continue to receive. AO 240 Reverse (Rev. 9/96) 4. Do you have any cash or checking or savings accounts? 0 Yes ONo If "Yes," state the total amount. 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or any other thing of value? 0 Yes 0 No If "Yes," describe the property and state its value. 6. List the persons who are dependent on you for support, state your relationship to each person and indicate how much you contribute to their support. I declare under penalty of perjury that the above information is true and correct. Signature of Applicant Date NOTICE TO PRISONER: A Prisoner seeking to proceed IFP shall submit an affidavit stating all assets. In addition, a prisoner must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account.
NOTICE OF LA WSIDT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS TO: as (B) of (C) A lawsuit has been commenced against you (or the entity on whose behalf you are addressed). A copy of the complaint is attached to this notice. It has been filed in the United States District Court for the (D) and has been assigned docket number District of This is not a formal summons or notification from the court, but rather my request that you sign and return the enclosed waiver of service in order to save the cost of serving you with a judicial summons and an additional copy of the complaint. The cost of service will be avoided if I receive a signed copy of the waiver within (F) days after the date designated below as the date on which this Notice and is sent. I enclose a stamped and addressed envelope (or other means of cost-free return) for your use. An extra copy of the waiver is also attached for your records. If you comply with this request and return the signed waiver, it will be filed with the court and no summons will be served on you. The action will then proceed as if you had been served on the date the waiver is filed, except that you will not be obligated to answer the complaint before 60 days from the date designated below as the date on which this notice is sent (or before 90 days from that date if your address is not in any judicial district of the United States). If you do not return the signed waiver within the time indicated, I will take appropriate steps to effect formal service in a manner authorized by the Federal Rules of Civil Procedure and will then, to the extent authorized by those Rules, ask the cOUl1 to require you (or the party on whose behalf you are addressed) to pay the fun costs of such service. In that connection, please read the statement concerning the duty of parties to waive the service of the summons, which is set forth at the foot of the waiver fom1. I affirm that this request is being sent to you on behalf 0 f the plaintiff, day of this Signature of Plaintiffs Attorney or Unrepresentative Plaintiff A-Name of individual defendant (or name of onicer or agent of corporate defendant) B- Title, or other relationship of individual to corporate defendant C-Name of corporate defendant, if any D-District http://commonlawvenue.comlCourtlOO4-to_what_Qr_whom_is_an_attomey.htm====================================================== |