Rule 4.1 - Waiving Service(a)Requesting a Waiver. An individual, entity, or association that is subject to service under Rule 4.2(a), 4.2(c)(1) or (2), 4.3(a)(1) or (3), or 4.3(b)(1) or (3) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. The notice and request must: (1) be in writing and be addressed: (A) to the individual defendant; or(B) for an entity or association, to a person designated by Rule 4.2(c)(1);(2) name the court where the complaint was filed;(3) be accompanied by a copy of the complaint, two copies of the waiver form, Form 2 in the Appendix of Forms or its substantial equivalent, and a prepaid means for returning the form;(4) inform the defendant, using the waiver form, of the consequences of waiving and not waiving service;(5) state the date when the request is sent;(6) give the defendant a reasonable time of at least 30 days after the request was sent-or at least 60 days if sent to the defendant outside the United States-to return the waiver; and(7) be sent by first-class mail or other reliable means.(b)Failure to Waive. If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant: (1) the expenses later incurred in making service; and(2) the reasonable expenses, including attorney fees, of any motion required to collect those service expenses.(c)Time to Answer After a Waiver. A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent-or until 90 days after it was sent to the defendant outside the United States.(d)Results of Filing a Waiver. When the plaintiff files a waiver, proof of service is not required and these rules apply as if a summons and complaint had been served at the time of filing the waiver.(e)Jurisdiction and Venue Not Waived. Waiving service of a summons does not waive any objection to personal jurisdiction or to venue.Adopted effective 3/1/2019; amended effective 3/26/2019.Advisory Committee Note-2019 Amendment
Rule 4.1 is new and mirrors FRCP 4(d), minus FRCP 4(d)(2) 's penalty provision. The waiver provisions apply to individuals, entities, and associations, wherever served, but do not apply to minors, incapacitated persons, or government defendants. The Appendix of Forms at the end of these rules includes Form 1, a Request to Waive Service of Summons; and Form 2, Waiver of Service of Summons. Use of the forms is not mandatory, but if the forms are not used the text of the request or waiver sent must be substantially similar to the text in Forms 1 and 2 to be valid.