Ao 398 Form – Fill Out and Use This PDF

The AO 398 form, officially titled "Notice of a Lawsuit and Request to Waive Service of a Summons," is a federal court document used by plaintiffs to notify defendants of a pending civil lawsuit and request that they voluntarily waive formal service of a summons. Any defendant, including individuals, corporations, partnerships, or associations, can waive formal service to reduce litigation costs and speed up case proceedings. Use the button below to access and fill out the AO 398 form online.

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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.

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Form Name	Ao 398 Form
Form Length	1 pages
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Avg. time to fill out	15 sec
Other names	ao 398, how to ao 398, ao 398 online, lawsuit request waive summons

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AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons

UNITED STATES DISTRICT COURT

		for the
	__________ District of __________
		)
Plaintiff	)
v.	)		Civil Action No.
	)
		)
Defendant		)

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

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, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy.

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

E-mail address

Telephone number

How to Edit Ao 398 Form Online for Free

How to Fill Out the AO 398 Form

Follow these instructions to complete the AO 398 form correctly for use in a federal civil court case:

Identify the court and case number. Enter the name of the federal district court and the assigned case number at the top of the notice.
Enter plaintiff and defendant names. Write the full legal names of all parties involved in the civil lawsuit. Include any co-plaintiffs or co-defendants.
Set the response deadline. Domestic defendants must return the signed waiver within at least 30 days from the date the notice was sent. Defendants located outside the United States have at least 60 days to respond.
Attach the complaint and waiver copies. Include two copies of the waiver of service form along with a copy of the complaint so the defendant has all the information needed to make their decision.
Send the completed form. Mail the notice to the defendant by first-class postal service or another reliable delivery method. Keep a record of the date the notice was sent.
Record the outcome. If the defendant signs and returns the waiver, file it with the court. The court will then proceed with the case under the extended answer deadline. If the defendant refuses, proceed with formal service of the summons.

What Happens After the Defendant Returns the Waiver?

Once the defendant signs and returns the waiver of service, the court records the waiver and the defendant receives additional time to answer the complaint. A domestic defendant typically has 60 days from the date the notice was sent to file a response. A defendant located outside the United States has 90 days to answer. This extended timeline benefits defendants who need more time to consult legal counsel and prepare their response to the lawsuit.

If the defendant refuses to waive service without good cause, the court may require that defendant to pay the costs of formal service incurred by the plaintiff. This incentivizes defendants to cooperate with the waiver request process and helps reduce unnecessary litigation costs for both parties.

Frequently Asked Questions

What is the difference between AO 398 and AO 440?
The AO 398 is the notice requesting voluntary waiver of service, while the AO 440 Summons form is the official court-issued summons used when a defendant must be formally served with legal process in a federal civil case. The AO 398 is used first as an optional cost-saving measure.

Can a defendant refuse to waive service?
Yes, a defendant may refuse without waiving any objections to personal jurisdiction, subject matter jurisdiction, or venue. However, if the court finds the refusal was without good cause, it may order the defendant to pay the costs the plaintiff incurred to complete formal service.

Is the AO 398 form required?
No. Plaintiffs may use the waiver request as an alternative to formal service. It is optional but encouraged because it reduces litigation costs and simplifies the service process for both parties. If the defendant agrees, the plaintiff avoids the expense and delay of formal process service.

Where can I find related court forms?
For additional federal court documents, see the Waiver of Service Form and the US Courts Form 271, which are commonly used alongside the AO 398 in federal civil proceedings.