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. Definitions
SUBPOENA DUCES TECUM: under penalty you shall bring it with you. Type of subpoena issued by a court at the request of one of the parties to a suit. A witness having under his or her control documents relevant to the controversy is enjoined to bring such items to court during the trial or at the deposition.
II. Legal Citations
III. Samples
| # | 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. | |
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe"). |  |
V. 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)."
VI. 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
VII. 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.
VIII. Additional Resources
- Official Forms
- Summons Waiver (Request): AO Form 398
- Summons Waiver (Receipt): AO Form 399
- Handbooks
IX. Bibliography
X. Conclusion
...POINTS & THINGS...
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