Note: This is a sample Request for Waiver of Service.

The Washington Brief and Oregon Brief are also available on line with the record in each case. These is also a page with an overview of what happened and links to the sections describing events as they occurred.


Brian Carr
11301 NE 7th St, Apt J5
Vancouver, WA 98684
503-545-8357

Sam Reed
Washington Secretary of State
Legislative Building
PO BOX 40220
Olympia, WA 98504-0220

The Honorable Sam Reed:

May 24, 2007

A lawsuit has been commenced against you. A copy of the complaint is attached to this notice. It has been filed in the Western Washington United States District Court and has been assigned docket number C07-5260RJB. This is not a formal summons or notification from the court, but rather my request that you sign and return the enclosed waiver of service in order to save the cost of serving you with a judicial summons and an additional copy of the complaint. The cost of service will be avoided if I receive a signed copy of the waiver within 30 days after the date of this request (above) as the date on which this Notice and Request is sent. I have enclosed a stamped and addressed envelope for your use. An extra copy of the waiver is also attached for your records.

If you comply with this request and return the signed waiver, it will be filed with the court and no summons will be served on you. The action will then proceed as if you had been served on the date

the waiver is filed, except that you will not be obligated to answer the complaint before 60 days from the date of this request (above) as the date on which this notice is sent.

If you do not return the signed waiver within the time indicated, I will take appropriate steps to effect formal service in a manner authorized by the Federal Rules of Civil Procedure and will then, to the extent authorized by those Rules, ask the court to require you to pay the full costs of such service. In that connection, please read the statement concerning the duty of parties to waive the service of the summons, which is set forth on the attached Waiver of Service.

I affirm that this request is being sent to you by myself, the plaintiff in this matter on May 24, 2007.


________________________
Signature of Plaintiff
Brian Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
503-545-8357

WAIVER OF SERVICE OF SUMMONS

TO: Brian P. Carr

I, Sam Reed, acknowledge receipt of your request that I waive service of summons in the action of Carr vs. McKenna which is case C07-5260RJB in the Western Washington United States District Court. I have also received a copy of the complaint in the action, two copies of this instrument, and a means by which I can return the signed waiver to you without cost to me. I agree to save the cost of service of a summons and an additional copy of the complaint in this lawsuit by not requiring that I be served with judicial process in the manner provided by Rule 4. I will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for objections based on a defect in the summons or in the service of the summons. I understand that a judgment may be entered against me if an answer or motion under Rule 12 is not served upon you within 60 days after May 24, 2007.

______________
Date

_____________________
Signature of Defendant
Sam Reed

This page was last updated on June 2, 2007.