Describe waiver of service by the defendant and why it is encouraged by some courts
Could use some help with this.
In many instances, the defendant is already aware that a lawsuit is being filed. (Often the plaintiff's attorney has been in contact with the defendant and has indicated that a complaint would be filed.) In such cases, a plaintiff can request the defendant to waive (give up) her or his right to be formally served with a summons. FRCP 4(d) sets forth the procedure by which a plaintiff's attorney can request the defendant to accept service of the documents through the mail or "other reliable means." Many states have similar rules. The aim of FRCP 4(d) is to eliminate the costs associated with service of process and to foster cooperation among adversaries. As an incentive, defendants who agree to waive formal service of process under the federal rules receive additional time to respond to the complaint (60 days, compared with the 20 days that a defendant normally has to respond to the complaint under FRCP 12). Some state rules of civil procedure provide other types of incentives, such as making a party who will not agree to waive service pay for reasonable expenses thereafter incurred in serving or attempting to serve the party.
You might also like to view...
Which of the following defenses is not applicable to strict products liability cases?
A. Contributory negligence B. Assumption of risk C. Ultimate user’s misuse of product D. None of these choices.
?The statute of limitations for civil wrongs typically ranges from
A. ?ten to twenty years. B. ?six months to one year. C. ?two to five years. D. ?fifteen to thirty years.
Which of the following statements is NOT true regarding property the courts can divide at the time of a divorce?
A) The general rule is that only the property acquired during the marriage is subject to division at the time of divorce. B) At the time of divorce, property that belonged to one of the spouses prior to the marriage usually remains the property of that spouse unless otherwise agreed. C) In a dual property state, both separate and marital property can be divided and distributed at the time of divorce. D) In an all property state, the courts can reach both separate and marital property if necessary to achieve an equitable division of property.
Which of the following is not proper e-mail etiquette?
A) Make the subject line meaningful. B) Do not send an e-mail when you are upset or angry. C) Always use the reply all option. D) Avoid the bcc field.