Caption
The United States District Court and district, the plaintiff and defendant names, and the civil action number.
AO 398
Notice of a Lawsuit and Request to Waive Service of a Summons
- Agency
- U.S. Courts
- Revision
- Rev. 01/09
- Fillable fields
- 15
- Pages
- 1
- Official source
- U.S. Courts form page
- Checked
- October 20, 2026
AO 398: Notice of a Lawsuit and Request to Waive Service of a Summons
AO 398, Notice of a Lawsuit and Request to Waive Service of a Summons, is a U.S. Courts form for a civil action in a United States District Court. The U.S. Courts page lists it under Notice of Lawsuit, Summons, Subpoena, effective on January 1, 2009, and the PDF is dated Rev. 01/09.
The form itself says it is not a summons, or an official notice from the court. It tells the person or entity being sued that a lawsuit has been filed, says a copy of the complaint is attached, and asks them, to avoid expenses, to waive formal service of a summons by signing and returning an enclosed waiver. It is signed by the attorney or unrepresented party who sends it.
This page explains the form in plain words and is not legal advice. You can fill it out free in your browser on this page and download the result without an account.
What's on AO 398
To line
The 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?
Says a lawsuit has been filed and a copy of the complaint is attached. A blank sets the days to return the waiver. Two copies of the waiver are enclosed with a stamped, self-addressed envelope or other prepaid means for returning one copy.
What happens next?
Explains what follows if the signed waiver is returned and what follows if it is not, and points to the enclosed statement about the duty to avoid unnecessary expenses.
Certification and signature
The sender certifies that the request is being sent on the date below, then signs and adds a printed name, address, email address and telephone number.
How to fill out AO 398
- 1
Fill in the caption
Enter the district, the plaintiff and defendant names and the civil action number. The form says the lawsuit has already been filed in this court under the number shown.
- 2
Name the recipient
Write the defendant's name on the To line, or an officer or agent authorized to receive service for a corporation, partnership or association.
- 3
Write the return period
The form says to give at least 30 days, or at least 60 days if the defendant is outside any judicial district of the United States, counted from the date the notice was sent.
- 4
Enclose the papers
The form says a copy of the complaint is attached, and that two copies of the waiver form are enclosed with a stamped, self-addressed envelope or other prepaid means for returning one copy.
- 5
Date and sign
Enter the date the notice is sent, sign as the attorney or unrepresented party, and add the printed name, address, email address and telephone number.
Why fill Form AO 398 on indox
You get the real form, filled in a browser tab, with nothing standing between you and the finished PDF.
- Fill the form right in your browser, no software to install
- Free to fill and free to download, with no account
- The official blank straight from the U.S. Courts, not a copy someone retyped
- Works on a phone, tablet or computer
Where it goes, timing and costs
Where it goes
To the defendant, not to the court. The form says it is not a summons, or an official notice from the court. If the defendant returns the signed waiver, the sender files the waiver with the court.
Timing
The return period runs from the date shown on the notice, which the form says is the date it was sent. After a waiver, the form gives 60 days from that date to answer the complaint, or 90 days if the notice is sent outside any judicial district of the United States.
Costs
The form does not print a filing fee. It says that if the signed waiver is not returned in time, the sender will ask the court to require the defendant, or the entity represented, to pay the expenses of making service.
Formats
The U.S. Courts page offers AO 398 as a PDF.
Related forms
AO 399
Waiver of the Service of Summons
16 fields, 1 page
AO 440
Summons in a Civil Action
34 fields, 2 pages
AO 441
Summons on Third-Party Complaint
40 fields, 2 pages
Pro Se 1
Complaint for a Civil Case
76 fields, 5 pages
Pro Se 3
Defendant’s Answer to the Complaint
65 fields, 7 pages
JS 44
Civil Cover Sheet
35 fields, 2 pages
Who uses AO 398?
The form is sent by one side of a civil lawsuit to the defendant. It names these people.
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Questions about Form AO 398
Is AO 398 a summons?
No. The form says it is not a summons, or an official notice from the court. It is a request that, to avoid expenses, the defendant waive formal service of a summons by signing and returning the enclosed waiver.
Who signs AO 398?
The attorney or unrepresented party who sends it. The signature block also asks for a printed name, address, email address and telephone number.
How many days does the defendant get to return the waiver?
The sender writes the number of days in a blank. The form says to 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 the notice was sent.
What happens if the signed waiver is returned?
The form says the sender files it with the court, the action proceeds as if the defendant had been served on the date the waiver is filed, no summons is served, and the defendant has 60 days from the date the notice is sent to answer the complaint (or 90 days if it is sent outside any judicial district of the United States).
What if the waiver is not returned?
The form says the sender will arrange to have the summons and complaint served and will ask the court to require the defendant, or the entity represented, to pay the expenses of making service.
Does AO 398 list a filing fee?
No. The form does not print a fee. Its cost wording is about the expenses of making service.