If a defendant returns the waiver before being served with process, what is the impact on their time to respond?

When a defendant returns the waiver of service before being formally served with process, they are granted an extension on their time to respond to the complaint. Specifically, by returning the waiver, they acknowledge the legal proceedings without being served the formal documents, thereby allowing them additional time to prepare their response.

In this scenario, the rules generally state that the defendant has 60 days from the date they return the waiver request to respond to the complaint. This provides them a more manageable timeframe to gather information, consult with legal counsel, and formulate a response, compared to the typical 30 days they would have if they had been served directly. This rule aims to encourage cooperation and reduce unnecessary formalities, thereby streamlining the legal process.

The provision is essential in ensuring that defendants are not rushed into making a response without adequate preparation and that the legal system continues to function efficiently.