What happens if a defendant located in the United States fails to waive service without good cause?

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When a defendant located in the United States fails to waive service without good cause, the most pertinent outcome is that the court can impose service expenses on the defendant. The purpose of requiring a defendant to waive service is to promote efficiency and reduce unnecessary costs for all parties involved. If the defendant refuses to waive service without a valid reason, the court can decide that the defendant should bear the costs associated with serving them, including the fees incurred by the plaintiff for the service of process.

This mechanism encourages defendants to cooperate with the legal process and avoids penalizing plaintiffs for seeking to enforce their legal rights through litigation. The alternative options, such as dismissal of the case, inability of the court to proceed, or the need for the plaintiff to refile, do not appropriately reflect the consequences tied to the act of failing to waive service and generally involve different issues related to jurisdiction or procedural compliance. Emphasizing the financial responsibility placed on the unwilling defendant aligns with the court's objective of maintaining an efficient judicial process.

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