Local Rule LR Civ P 4.01: Waiver of Service
N.D. W.Va. — Civil rule
LR Civ P 4.01. Waiver of Service.
A plaintiff who intends to request that a defendant waive service of a summons under Fed. R. Civ. P. 4(d)(1) shall, within fourteen (14) days of filing the complaint, mail a copy of the notice and request via first class mail or other reliable means to the defendant and file the original thereof.
If a plaintiff fails to mail and file the notice and request within the specified period, service of the complaint shall be effected by means other than by waiver of service unless otherwise ordered.
A plaintiff who mails a notice and request under the provisions of Fed. R. Civ. P. 4(d)(1) shall allow the defendant not less than thirty (30) days and not more than forty-five (45) days from the date on which the notice and request is sent within which to return the waiver of service. If notice is sent to the defendant outside any judicial district of the United States, a plaintiff who mails a notice and request under the provisions of Fed. R. Civ. P. 4(d)(1) shall allow the defendant not less than sixty (60) days and not more than seventy-five (75) days from that date within which to return the waiver of service.
The Plaintiff shall file the executed waiver of service in CM/ECF within seven (7) days of its return.