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Hi guys its professor Moore hurricane Andrew has given me some time to catch up on my review videos I hope you're all staying safe this is just going to be a quick video to finish up the one that I did earlier on notice to the defendant constitutional dimensions and then serving process under the statutory requirements, so this video is going to talk about a procedure in federal court whereby the plaintiff can ask the defendant to waive service of process so that the plaintiff has doesn't have to go to the expense and trouble of serving process formally through a process server, so we talked a bit about the difficulties there could be in serving process especially in a foreign country and just wanted to let you know for those of you that might be interested that a federal judge recently authorized service of process via Twitter under rule form if you want to go to that link that's just the Federal Civil Procedure and federal courts law professors blog that I'm the co-editor of so here's the general rule for D 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 and by the way that asterisk in there I put that in there that's not in the rule and that's just to clarify that the only people who are not under that duty to avoid unnecessary expenses in other words the duty to waive service of process if possible the only people who are not under that Duty are an individual in the United States or a foreign country was a minor or incompetent the United States or its agencies and state local or foreign governments those entities do not have the duty to waive service of process everyone else does so continuing with rule 41 the plaintiff may notify such a defendant that an action has been commenced in other words a complaint has been filed and request that the defendant waive service of a summons the notice and request must and then there's a list of things that the notice and request have to say but if you use the form that is on the United States Court website that's what it looks like notice of a lawsuit and request to waive service of a summons you will say all the right things, so you send the plaintiff, and I'm sorry you send the defendant a copy of this notice filled out a copy of the complaint of course two copies of the waiver form one for the defendant to fill out and keep and one for the defendant to fill out and send back to the plaintiff and also a prepaid means of returning the waiver form so just to clarify if you follow this procedure under Rule four D you're not effectuating service you are asking the defendant to waive service, so we don't have service you can send the package with all the required documents in it by first-class mail, and it must be addressed to an individual defendant if it's a person and if it's a business entity an officer a managing or general agent or any other agent authorized by appointment...
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