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  1. #1
    Join Date
    Jun 2019

    Default Do I Need to Send Waiver of Summons in This Case

    My question involves court procedures for the state of: California, federal jurisdiction.

    Background: I was beaten by a law enforcement officer. I had been totally polite and cooperative. The County rejected my claim, so I am suing in federal court. I tried to find an attorney, but couldn't, so I am going about this Pro Se.


    I thought I had 90 days to send the defendant the waiver of service of summons. I was trying to figure out how to fill it out, because it is not clear if I am supposed to fill out each form or if I should leave each form blank for the defendant to fill out. About 45 days after I filed the complaint at the federal court, I received mail from the defendant's attorney claiming that the case should be dismissed because I haven't sent the waiver of summons. They also claimed that I had erroneously named the County Sheriffs Department as the defendants instead of the County.

    Do I still need to send in the waiver? Obviously they got notice of the lawsuit against them. Will the case be dismissed because of this. Was I mistaken that I had 90 days to send the waiver?

    Thank you so much. I have so many questions, and I know that there is a lot to federal lawsuits, but doing this Pro Se seems like the only / most time efficient option at this point, and I've decided that if that's the only way I can do this, then I'm going to do it. I am open to alternative suggestions, but again, if those don't work out, I am going to try my best going Pro Se. I just want to be able to ask specific questions, and I promise to do as much research as I can before asking for help and to minimize the amount of help I ask others for and maximize the amount of work I do myself.

    Thanks so much.

  2. #2
    Join Date
    Sep 2010

    Default Re: Do I Need to Send Waiver of Summons in This Case

    You need to fill out the stuff that proceeds the actual waiver itself (The stuff that says why he's getting the waiver) and the case caption and your name and the due date on the waiver itself. You obviously do not complete the stuff in the signature block for the defendant.

    You can avoid sending the waiver letter if you have actually fully served them. Just the fact you think they "are aware of" the suit is immaterial. You either have to get the waiver or actually serve them as described further up in Rule 4.

    You're really in over your head on this. You need an attorney. The way you're careening through this, you may never actually get to trial.

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