Civil Procedure Multistate Bar Practice Exam

When does a waiver of service become effective?

1. Upon mailing the waiver to the plaintiff

2. When the plaintiff files the waiver in court

3. After 30 days of execution by the defendant

4. When the defendant acknowledges receipt

The correct answer is: When the plaintiff files the waiver in court

A waiver of service in civil procedure is a mechanism that allows a defendant to forgo the formal process of being served with a summons and complaint, often in exchange for some considerations like extending the time to respond to the complaint. The effective moment of a waiver of service is determined by the applicable rules of civil procedure. Typically, a waiver of service becomes effective when it is filed with the court by the plaintiff. This is because the filing indicates that the plaintiff has accepted the defendant’s waiver of service and is now proceeding with the case according to the rules. This understanding plays a significant role in the timeline for the defendant, as it establishes the start of certain deadlines related to the case, including the defendant's timeline to respond. Thus, once the plaintiff files the executed waiver with the court, the waiver operates to streamline the proceedings by acknowledging that service has been adequately handled without the need for physical delivery of the documents. The other options relate to different aspects of the waiver process but do not capture when the waiver itself becomes effective. For example, mailing the waiver or acknowledging receipt pertains to communication between parties, but it is the act of filing in court that sets the administrative wheels in motion.