Form 18-B. Acknowledgment and Waiver of Service of a Summons
A.B., Plaintiff,Civil No. . . .
vs.ACKNOWLEDGMENT AND WAIVER OF
C.D., Defendant.SERVICE OF A SUMMONS
To: (name of plaintiff's attorney or the unrepresented plaintiff):
I have received your request to acknowledge and waive service of a summons in this action along with a copy of the complaint, two copies of this acknowledgment and waiver form, and a prepaid means of returning one signed copy of the form to you.
I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.
I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court's jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.
I also understand that I, or the entity I represent, must file and serve an answer or a motion under Montana Rule of Civil Procedure 12 within 21 days from the date I sign this acknowledgment and waiver form (or 42 days if I am signing on behalf of the State of Montana, a state agency, or a state officer or employee).
If I fail to do so, a default judgment will be entered against me or the entity I represent.
Date: __________________________________________________________________
Signature of the attorney or unrepresented party
________________________________________________
Printed name
________________________________________________
Relationship to entity or authority to receive service
________________________________________________
Address
________________________________________________
E-mail address
________________________________________________
Telephone number
Duty to Avoid Unnecessary Expenses of Serving a Summons
Rule 4 of the Montana Rules of Civil Procedure has a provision to avoid the unnecessary expenses of serving a summons and complaint. A defendant who fails to return a signed acknowledgment and waiver of service requested by a plaintiff will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
"Good cause" does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant's property.
If the acknowledgment and waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service.
If you waive service, then you must, within the time specified on the acknowledgment and waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court.
History: En. Sup. Ct. Ord. No. AF 07-0157, January 31, 2012.
Structure Montana Code Annotated
Chapter 20. Rules of Civil Procedure
Form 1. SUMMONS -- OFFICIAL FORM
Form 2. COMPLAINT ON A PROMISSORY NOTE
Form 3. COMPLAINT ON AN ACCOUNT
Form 4. COMPLAINT FOR GOODS SOLD AND DELIVERED
Form 5. COMPLAINT FOR MONEY LENT
Form 6. COMPLAINT FOR MONEY PAID BY MISTAKE
Form 7. COMPLAINT FOR MONEY HAD AND RECEIVED
Form 8. COMPLAINT FOR NEGLIGENCE
Form 10. COMPLAINT FOR CONVERSION
Form 11. COMPLAINT FOR SPECIFIC PERFORMANCE OF CONTRACT TO CONVEY LAND
Form 12. COMPLAINT ON CLAIM FOR DEBT AND TO SET ASIDE FRAUDULENT CONVEYANCE UNDER RULE 18(b)
Form 13. COMPLAINT FOR NEGLIGENCE UNDER FEDERAL EMPLOYERS' LIABILITY ACT (45 U.S.C.A., 51-58)
Form 14. COMPLAINT FOR INTERPLEADER AND DECLARATORY RELIEF
Form 16. ANSWER PRESENTING DEFENSES UNDER RULE 12(b)
Form 17. ANSWER TO COMPLAINT SET FORTH IN FORM 7, WITH COUNTERCLAIM FOR INTERPLEADER
Form 18-A. NOTICE OF A LAWSUIT AND REQUEST TO ACKNOWLEDGE AND
Form 18-B. Acknowledgment and Waiver of Service of a Summons
Form 19. MOTION TO INTERVENE AS A DEFENDANT UNDER RULE 24
Form 20. MOTION FOR PRODUCTION, ETC., UNDER RULE 34
Form 21. REQUEST FOR ADMISSION UNDER RULE 36