Ao 398 Form – Fill Out and Use This PDF

Ao 398 Form PDF Details

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 within the federal courts. It marks the initial phase of a civil lawsuit, where individuals or entities are notified 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. The defendant is requested to voluntarily waive their right to formal service of process. The form outlines a specific timeframe for response: domestic defendants have a minimum of 30 days to return the signed waiver, while defendants outside the United States have a minimum of 60 days. Enclosed with the notice are two copies of the waiver form, one to be returned using the provided means and another for the defendant's records. A defendant who waives service gains additional time to answer the court complaint. Compliance with the request can expedite legal proceedings and set a cooperative tone for the case. A defendant who refuses to waive service without good cause may be ordered by the court to pay the costs of formal service.