Commercial Litigation and Arbitration

Service by Waiver Letter — Statute of Limitations

If a plaintiff mails a request for waiver of service pursuant to Fed.R.Civ.P. 4(m) before the statute of limitations expires, but the defendant executes the waiver after expiration, is the suit time barred? In other words, does the execution relate back to the time of plaintiff's mailing or otherwise revive the claims? In what it perceived to be a case of first impression, the Western District of Washington held that the answer is No. Held, the statute has run. Hildes v. City of Seattle, 2007 U.S. Dist. LEXIS 6249 (W.D. Wash. Jan. 29, 2007).

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