Civil Procedure Multistate Bar Practice Exam

What is the time frame for a defendant to respond if they have waived the process?

1. 14 days

2. 21 days from being served

3. 60 days from when the plaintiff mailed the waiver form

4. 30 days after the plaintiff files the complaint

The correct answer is: 60 days from when the plaintiff mailed the waiver form

The correct answer is based on the specifics of how the waiver of service operates under the Federal Rules of Civil Procedure. When a defendant receives a waiver of service, they are typically afforded an extended time frame to respond to the complaint. Specifically, if a defendant waives service, they must respond to the complaint within 60 days from the date the waiver was sent by the plaintiff. This allows the defendant additional time to prepare a response compared to the usual timeframe that applies when a defendant is directly served with process. The other options present shorter timeframes for response, which do not align with the rules for waivers. The standard 21 days from being served applies when a defendant is properly served with a summons and complaint rather than in the case of a waiver. Additionally, while 14 days is consistent for some motions or actions in different contexts, it does not pertain to a waiver scenario. Lastly, 30 days after the plaintiff files the complaint corresponds to procedures involving direct service rather than a waiver. Thus, the 60-day response period following the mailing of the waiver form is the correct approach under the rules when a defendant waives the process.