Civil Procedure Multistate Bar Practice Exam

What is the purpose of the 30-day period for waiving service of process?

1. To allow the defendant to seek settlement

2. To give time for the defendant to prepare a defense

3. To encourage defendants to minimize litigation costs

4. To allow for negotiations between the parties

The correct answer is: To encourage defendants to minimize litigation costs

The 30-day period for waiving service of process serves to encourage defendants to minimize litigation costs. When a defendant opts to waive service, they avoid the expenses associated with the formal service of process, which can include filing fees, service fees, and the costs involved in the litigation procedure itself. By waiving service, the defendant also demonstrates a willingness to engage in the litigation process without the need for formal proceedings, which can streamline the process and potentially lead to early resolution of disputes. This period is designed to facilitate a more cooperative approach, allowing defendants to weigh their options and respond without the immediate pressure of formal service. Waiving service can lead to increased efficiency in the judicial system, benefiting all parties by reducing costs associated with litigation. While preparing a defense and negotiating may be considerations, the overarching goal of minimizing costs is the clear intent behind the waiver of service process.