Civil Procedure Multistate Bar Practice Exam

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Under what circumstance can a defendant receive an extension to waive service of process?

By waiting more than 30 days
If they are located outside the United States
If they dispute the jurisdiction
Only if they are requesting a different venue

The correct answer is: If they are located outside the United States

A defendant can receive an extension to waive service of process if they are located outside the United States. The Federal Rules of Civil Procedure, specifically Rule 4(d), allow a defendant who is outside the United States to request an extension of time to respond to a complaint. This provision is designed to accommodate logistical and legal challenges that may arise when dealing with international parties. Other circumstances, such as the time a defendant may wait or whether they dispute jurisdiction or request a different venue, do not provide valid bases for an extension to waive service of process. Normally, a defendant is expected to respond within a specific timeframe after being served, and such timing is not automatically extended based on those situations.