Process Rules - Part C

Question 1

What does the plaintiff give the defendant if he agrees to waive service?

Answer 1

extended deadline to file responsive pleadings

Question 2

What is the extended deadline when the defendant waives service?

Answer 2

60 days instead of 21 for defendants in VA

90 if outside of virginia

Question 3

what happens if the defendant refuses to waive service?

Answer 3

defendant may be liable for the cost of serving the defendant

Question 4

What happens if the defendant is not served within a year of filing suit?

Answer 4

no judgment can be entered against the defendant (they would make a special appearance to file a motion to dismiss), unless the plaintiff used due diligence in attempting to locate and serve the defendant

Question 5

Waiving objection to service

Answer 5

a person who participates in the adjudication of the merits of a case (ie makes a general appearance) waives his objections to quash service of process

Question 6

What is conduct that is unrelated to the adjudication of the merits of the case for waiving objection to service? [5]

Answer 6

-asking for an extension of time to file responsive pleadings
-agreeing to a scheduling order
-conducting discovery authorized by the court solely related to adjudicating the objection regarding service of process
-observing or attending a proceeding in the case, or
-removing the case to a federal court