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Defendants have the right to be served legal action, but can waive this right. Service is usually done in person, but some jurisdictions allow other methods. If a defendant cannot be served, a trial waiver may be requested. The waiver must be in writing and state that the defendant understands the charges and voluntarily opts out. If the defendant refuses to waive and the plaintiff incurs expenses, the court may require the defendant to reimburse them.
In general, anyone against whom legal action is taken has the right to service the process in the manner prescribed by his jurisdiction. A trial waiver is the defendant’s formal waiver of that right. Service of trial is typically done in person by a third party, directly to the person to be served, although jurisdictions have enacted some rules to make it easier for plaintiffs to serve defendants. In the event that the plaintiff has particular difficulty in giving proper service of trial to the defendant due to special circumstances, he may request that the defendant waive the trial. The defendant has a duty to waive that process if the circumstances so require, and if he or she refuses to comply, the court may subsequently charge the defendant the service fees that the plaintiff had to pay as a result of the defendant’s failure to waive .
The specific rules for proper prosecution service vary from jurisdiction to jurisdiction. However, they usually require that the plaintiff hire a third party to present the defendant with the summons along with a copy of the complaint describing the allegations to the defendant in person. Some jurisdictions have held that certain shipping methods are sufficient to serve the defendant with the lawsuit. If not, the plaintiff will have to ask for a waiver of process to start the action.
In some circumstances the defendant may not be easily reachable through any of the methods permitted by the jurisdiction to adequately notify the trial. For example, he may have different households in different places where he resides at different times. Alternatively, the defendant may reside in the country where the plaintiff is filing the case, but is currently doing business elsewhere in a country where serving the defendant would be particularly expensive or difficult. These are the kinds of circumstances that dictate that the plaintiff agree to a trial waiver.
A trial waiver has certain requirements, the specifics of which depend on the jurisdiction in which the case is being filed. In general, it must be in writing and state with certainty that the defendant has the ability to opt out of the trial, understands the charges against him or her, and voluntarily opts out of the trial. If the circumstances are so unfair to the plaintiff that he cannot serve trial at reasonable expense, formally requests a waiver, and the defendant fails to comply, the court may subsequently require that the defendant reimburse the plaintiff’s expenses incurred in enforcement notification of the trial after the defendant’s refusal of the renouncement.
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