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Federal Rules of Civil Procedure (FRCP) QUESTION #5667
Question 1
A defendant in a federal civil case fails to return a waiver of service requested by a plaintiff. The plaintiff then incurs $500 in costs to effectuate formal service. Under Rule 4(d)(2), what must the court do?
  • The court 'may' impose the costs if the defendant lacked 'good cause'.
  • The court 'must' impose the expenses of service and reasonable attorney's fees for the motion to collect, unless the defendant shows good cause.✔️
  • The court cannot impose costs if the defendant eventually prevails on the merits.
  • The court can only impose costs if the plaintiff proves the defendant acted in bad faith.
Correct Answer Explanation
Rule 4(d)(2) states that if a defendant located within the US fails, without good cause, to sign and return a waiver, the court 'must' impose the expenses later incurred in making service and reasonable expenses, including attorney's fees, of any motion required to collect.