How-To: Write an Agreement for Waiver of Process Service on Subpoenas

Background:	You and the defendant agree to bypass the need to have formal subpoena service
Problem:	You don't know how to memorialize the agreement
Solution:	You follow this guide for drafting a waiver agreement

I. Legal Citations

Rule 1.01 Fla. R. Civ. P. | Scope and Title of Rules
"...These rules shall be construed to secure the just, speedy, and inexpensive determination of every action and proceeding." Rule 1.07(i)(2) Fla. R. Civ. P. | Process
"(2) A plaintiff may notify any defendant of the commencement of the action and request that the defendant waive service of a summons...." Rule 1 Fed. R. Civ. P. | Scope and Purpose
"...[These rules] should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding." Rule 4(d) Fed. R. Civ. P. | Summons
"(1) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) 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..." 28-106.101 Florida Administrative Code | Scope of this Chapter
"...shall be construed to secure the just, speedy, and inexpensive determination of every proceeding."

II. Samples

# PDF Comments

1 ✓ Agreed. TBD case. Pro Se + Attorney. Federal. Non-Party Subpoena.

2 ✓ Granted by Court. Attorney filing. DOAH case. Officers and Employees. Service of Amended Complaint.

3 ✓ Executed. Private Attorney. DOAH Case. Subpoena Ad Testificandum.

4 ✓ Agreed. Secretary of State. Supreme Court case. Included a Writ of Mandamus

5 ✓ Agreed. Pro Se. DOAH case. Save the cost of judicial process. Subpoena Ad Testificandum

6 ✓ Agreed. Pro Se. DOAH Case. Subpoena Duces Tecum. Notarized.

7 ✓ Agreed. Pro Se. DOAH Case. Subpoena Duces Tecum. Notarized.

8 ✓ Agreed. Pro Se. DOAH Case. Subpoena Duces Tecum. Notarized.

9 ✓ Agreed. Pro Se. DOAH Case. Subpoena Duces Tecum. Notarized.

10 ✓ Agreed. Pro Se. DOAH case. Mentioned Sheriff. Subpoena Ad Testificandum. Subpoena included.

11 ✓ Agreed. Pro Se. DOAH case. Mentioned Sheriff. Subpoena Ad Testificandum. Subpoena included.

#	PDF	Comments
1		✓ Agreed. TBD case. Pro Se + Attorney. Federal. Non-Party Subpoena.
2		✓ Granted by Court. Attorney filing. DOAH case. Officers and Employees. Service of Amended Complaint.
3		✓ Executed. Private Attorney. DOAH Case. Subpoena Ad Testificandum.
4		✓ Agreed. Secretary of State. Supreme Court case. Included a Writ of Mandamus
5		✓ Agreed. Pro Se. DOAH case. Save the cost of judicial process. Subpoena Ad Testificandum
6		✓ Agreed. Pro Se. DOAH Case. Subpoena Duces Tecum. Notarized.
7		✓ Agreed. Pro Se. DOAH Case. Subpoena Duces Tecum. Notarized.
8		✓ Agreed. Pro Se. DOAH Case. Subpoena Duces Tecum. Notarized.
9		✓ Agreed. Pro Se. DOAH Case. Subpoena Duces Tecum. Notarized.
10		✓ Agreed. Pro Se. DOAH case. Mentioned Sheriff. Subpoena Ad Testificandum. Subpoena included.
11		✓ Agreed. Pro Se. DOAH case. Mentioned Sheriff. Subpoena Ad Testificandum. Subpoena included.

III. Templates

# Word Comments

1 Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe").

#	Word	Comments
1		Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe").

IV. Application

Process Service Obsolete: The waiver agreement will eliminate the need to hire a process server
"During the hearing, the court clarified that Defendant CMG properly waived formal service (Dkt. 48), eliminating the need for Plaintiff to hire a process server to serve Defendant with the Third Amended Complaint and allowing all parties to participate in this matter. See Fed. R. Civ. P. 4(d); Cooley v. Ocwen Loan Servicing, LLC, 729 Fed. App’x 677, 682 (11th Cir. 2018) (“Rule 4 of the Federal Rules of Civil Procedure requires a plaintiff to serve each defendant with a copy of both the summons and the complaint unless the defendant waives service.”); United States v. Coldwell Banker Bullard Realty Co., Inc., No. 1:08-cv-3427, 2009 WL 10664944, at *2 (N.D. Ga. July 22, 2009) (explaining that when a waiver of service has been filed, proof of service is not required and the Federal Rules of Civil Procedure apply as if a summons and complaint has been served at the time of filing the waiver)."

- see Baptiste v CMG, 8:21-cv-1751 (USFLMD 11/14/22)

V. Quick Commentary

Purpose: Save time. Save money. Minimize the Court's/Clerk's intervention
Speak with your opponent
- Edit the agreement accordingly
Enhance communications with your civil opponent
Important Note: Do not file this document (unless ordered by the Court).
- The Court does not want a play-by-play of discovery progress (see Local Rule 3.03 from USFLMD)
Please download as many sample documents as you'd like
Feel free to use the template (see Part III - above) to help draft your 'Waiver of Subpoena Service' agreement

VI. Additional Notes

For Summons/es, the Federal Court has a more regimented way of accomplishing this task (although, with drawbacks)
- see Rule 4(d) Fed. R. Civ. P.
Ditto for state courts
- see Rule 1.07(i) Fla. R. Civ. P.

VII. Additional Resources

Official Forms
- Summons Waiver (Request): AO Form 398
- Summons Waiver (Receipt): AO Form 399
Handbooks
- Item 3.05, Pro Se Handbook (Federal Bar Association)
- Item 6.03, Pro Se Handbook (USFLMD)
- Item 2.11, Pro Se Handbook (USNYWD)

VIII. Bibliography

IX. Conclusion

With the use of the template (as well as the samples above), you can more easily write your agreement for the Waiver of Subpoena Service.

Congratulations! You're now booked up on how to draft a Waiver of Subpoena Service agreement!

Please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

How-To: Write an Agreement for Waiver of Process Service on Subpoenas

I. Legal Citations

II. Samples

III. Templates

IV. Application

V. Quick Commentary

VI. Additional Notes

VII. Additional Resources

VIII. Bibliography

IX. Conclusion

...POINTS & THINGS...

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How-To: Write an Agreement for Waiver of Process Service on Subpoenas

I. Legal Citations

II. Samples

III. Templates

IV. Application

V. Quick Commentary

VI. Additional Notes

VII. Additional Resources

VIII. Bibliography

IX. Conclusion

...POINTS & THINGS...

add a comment

thank you, come again!TBD 1.037

Submit a Quiz Question

That Will Test Another User's Page-Specific Knowledge

Pages You Might Also Like

thank you, come again!
TBD 1.037