Civil Procedure Multistate Bar Practice Exam

In which scenario might a plaintiff prefer a shorter time limit for service of process?

1. If the defendant is a corporation

2. If the defendant is evading service

3. If both parties are local residents

4. If the defendant is represented by counsel

The correct answer is: If the defendant is evading service

A plaintiff might prefer a shorter time limit for service of process in the scenario where the defendant is evading service. The reason for this preference is straightforward: when a defendant is actively trying to avoid being served with legal documents, a shorter time limit can create heightened pressure on that defendant. If the time frame for service is shorter, the plaintiff may be able to obtain a default judgment more quickly if the defendant fails to respond within that time. This tactic can be advantageous, particularly if the plaintiff has reason to believe that the defendant will continue to avoid service or if the matter requires prompt resolution. In contrast, a longer time limit may allow a defendant more opportunities to evade service without consequences, prolonging the legal process and potentially delaying justice for the plaintiff. Other options, such as the defendant being a corporation, both parties being local residents, or the defendant having counsel, do not necessarily impact the immediacy or urgency of service in the same way that evasion does. These scenarios often involve more standardized procedures and may not provide the same strategic leverage as dealing with a defendant who is attempting to evade service altogether.