Each of the these methods of obtaining “personal” service have a certain procedure to be followed.  This post today is focused on how a defendant can waive that service.

Why would a defendant waive service?  I can think of numerous reasons and will name a couple here.  If the defendant does not contest venue/jurisdiction of the court, the defendant may just decide to move on to the next step of litigation so the he/she can defend the lawsuit.   In uncontested divorces cases, it is common for the defendant to waive service.  Often time, in an uncontested divorce, the parties are wanting to get the process over with.  By waiving service, the defendant allows the plaintiff to move forward.  If the defendant is concerned with the Plaintiff’s cost of litigation, by waiving service, it reduces the cost somewhat.

What is a waiver of service?  As the name implies, it is a waiver by the defendant to the requirements of service.  Specifically, it is a document signed by the defendant, an authorized agent or attorney of the defendant, and notarized.  The document should state the defendant waives service and received a copy of the pleadings.  In a divorce action, the defendant’s mailing address should also be included.

By waiving service, the defendant is accepting the lawsuit and the waiver has the same force as if citation had been issued by the clerk and served according to law.

RULE 119. ACCEPTANCE OF SERVICE
The defendant may accept service of process, or waive the issuance or service thereof by a written
memorandum signed by him, or by his duly authorized agent or attorney, after suit is brought, sworn
to before a proper officer other than an attorney in the case, and filed among the papers of the cause,
and such waiver or acceptance shall have the same force and effect as if the citation had been issued
and served as provided by law. The party signing such memorandum shall be delivered a copy of
plaintiff’s petition, and the receipt of the same shall be acknowledged in such memorandum. In every
divorce action such memorandum shall also include the defendant’s mailing address.

Texas Civil Procedure Rules