The AO 398 form, formally titled "Notice of a Lawsuit and Request to Waive Service of a Summons," serves a crucial role in the United States legal system, particularly within the federal courts. It marks the initial phase of a civil lawsuit, where individuals or entities are informed that they are being sued. Unlike a traditional summons, this document is a courtesy extended by the plaintiff to the defendant, proposing an avoidance of the formal—and often costly—procedure of serving a summons. Instead, the defendant is requested to voluntarily acknowledge the lawsuit by waiving their right to formal service. Accompanying this request, the form outlines a specific timeframe—minimum 30 days for domestic defendants and 60 days for those abroad—to return the signed waiver, which in turn can expedite the legal proceedings. Enclosed with the form are two copies of the waiver, one to be returned using the provided means, and another for the defendant's records. This process not only aims to reduce litigation costs but also sets a cooperative tone for the lawsuit. Compliance with the request leads to an extended period for the defendant to answer the complaint, underscoring the form's significance in streamlining legal processes while safeguarding the respondents' rights to a fair response period.
| Question | Answer |
|---|---|
| Form Name | Ao 398 Form |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | ao 398, how to ao 398, ao 398 online, lawsuit request waive summons |
AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons
UNITED STATES DISTRICT COURT
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__________ District of __________ |
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Plaintiff |
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v. |
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Civil Action No. |
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Defendant |
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NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
To:
(Name of the defendant or - if the defendant is a corporation, partnership, or association - an officer or agent authorized to receive service)
Why are you getting this?
A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached.
This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed
waiver within |
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days (give at least 30 days, or at least 60 days if the defendant is outside any judicial district of the United States) |
from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along with a stamped,
What happens next?
If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of the United States).
If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.
Please read the enclosed statement about the duty to avoid unnecessary expenses.
I certify that this request is being sent to you on the date below.
Date:
Signature of the attorney or unrepresented party
Printed name
Address
Telephone number