Civil Procedure Multistate Bar Practice Exam

Which of the following relates to the 60-day period for answering a complaint?

1. Time for a counterclaim

2. Time for amending a grievance

3. Time for answering if defendant waived service

4. Time to conduct discovery

The correct answer is: Time for answering if defendant waived service

The 60-day period for answering a complaint primarily pertains to the scenario where a defendant has waived service of process. According to the Federal Rules of Civil Procedure, when a defendant waives service, they are afforded an extended period to respond to the complaint, specifically 60 days from the date the request for waiver was sent, instead of the typical 21 days that applies when they are served with the complaint directly. This extension allows the defendant more time to prepare and file their answer without the pressure of immediate response, supporting the interests of judicial efficiency and fair play. In contrast, the remaining options do not correctly reflect the specific 60-day timeframe related to the answer. For instance, the time for a counterclaim is generally tied to the time permitted for the answer itself, which may not align with the waiving of service. The time for amending a grievance or complaint is governed by different rules and timelines that can vary from the 60-day answer timeframe. Similarly, the time to conduct discovery is separate and is determined by the court's scheduling order, which is not directly related to the answering period established for a defendant after service or waiver of service. Thus, the correct choice accurately signifies the situation where this extended answering period applies.