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Service of Process by Acknowledgment of Receipt, Waiver of Service and Entry of Appearance

Legal Authorities:

OAC 340:25-3-1.1

OAC 340:25-3-3(a)

OAC 340:25-3-3(c) and (d)

OAC 340:25-3-3: ITS 1(a)

OAC 340:25-5—340.1

43 O.S. § 112A

If an AOR is not available and if feasible, CSS mails or delivers the documents directly to a party and requests the party accept service. CSS staff uses the Acknowledgment of Receipt, Waiver of Service and Entry of Appearance (GN6), referred to as the Acknowledgment and Waiver in this article.

By signing the Acknowledgment and Waiver, the party thereby acknowledges and accepts service. The Acknowledgment and Waiver is filed in the court case. No other proof of service is required.

A default order may be entered against a party or other person who fails to appear for a hearing after signing an Acknowledgement and Waiver.

The Acknowledgment and Waiver does not create an AOR for the party who completes it. If a party has not established an AOR, staff advises the party to:

  1. complete and return an Address of Record and/or Family Violence Statement at the time the party signs the Acknowledgment and Waiver, and
  2. use the AOR designated on the Address of Record and/or Family Violence Statement as the address on the Acknowledgment and Waiver. CSS staff does not file an Acknowledgment and Waiver that includes an address not established as an AOR.

Service using the Acknowledgment and Waiver is done by mailing the pleadings by regular mail with an Acknowledgment and Waiver and a self-addressed, stamped return envelope. It also can be done in person if the party appears in the office or at another location prior to being served. This method of service is often successful when the party is the applicant or has requested the legal action.

Service by Acknowledgment and Waiver also may be used to serve an incarcerated party when staff believes the party will accept service.