Describe waiver of service by the defendant and why it is encouraged by some courts.

In many instances, the defendant is already aware that a lawsuit is being filed (often the plaintiff's attorney has been in contact with the defendant and has indicated that a complaint would be filed). In such cases, a plaintiff can request the defendant to waive (give up) her or his right to be formally served with a summons. FRCP 4(d) sets forth the procedure by which a plaintiff's attorney can request the defendant to accept service of the documents through the mail or "other reliable means." Many states have similar rules. The aim of FRCP 4(d) is to eliminate the costs associated with service of process and to foster cooperation among adversaries. As an incentive, defendants who agree to waive formal service of process under the federal rules receive additional time to respond to the complaint (sixty days, compared with the twenty days that a defendant normally has to respond to the complaint under FRCP 12). Some state rules of civil procedure provide other types of incentives, such as making a party who will not agree to waive service pay for reasonable expenses thereafter incurred in serving or attempting to serve the party.