AO 399

Waiver of the Service of Summons

Agency
U.S. Courts
Revision
01/09
Fillable fields
16
Pages
1
Official source
U.S. Courts form page
Checked
October 20, 2026
Fill AO 399 online
Page 1 of form AO 399

AO 399: Waiver of the Service of Summons

AO 399, Waiver of the Service of 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 01/09.

It is signed by the attorney or unrepresented party for the party waiving service, and is addressed to the plaintiff's attorney or unrepresented plaintiff. The signer confirms receiving a request to waive service with a copy of the complaint and agrees to save the expense of serving a summons and complaint. The form says all defenses or objections to the lawsuit, the court's jurisdiction and the venue are kept, while objections to the absence of a summons or of service are waived. A closing statement explains the duty under Rule 4 of the Federal Rules of Civil Procedure to avoid unnecessary expenses of serving a summons.

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.

Top of page 1 of AO 399: Waiver of the Service of Summons, as printed by COURTS

What's on AO 399

Caption and To line

The United States District Court and district, the plaintiff and defendant names, the civil action number, and the name of the plaintiff's attorney or unrepresented plaintiff.

Receipt and agreement

Confirms receipt of the request to waive service, a copy of the complaint, two copies of the waiver form and a prepaid means of returning one signed copy, and agrees to save the expense of serving a summons and complaint.

Defenses kept

States that all defenses or objections to the lawsuit, the court's jurisdiction and the venue of the action are kept, and that objections to the absence of a summons or of service are waived.

Answer period

States that an answer or a motion under Rule 12 is to be filed and served within 60 days from the date the request was sent (or 90 days if it was sent outside the United States), and that a default judgment will be entered otherwise.

Signature block

Date, signature of the attorney or unrepresented party, printed name of the party waiving service of summons, printed name, address, email address and telephone number.

Duty to Avoid Unnecessary Expenses

Explains that Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint, and what good cause does not include.

How to fill out AO 399

  1. 1

    Fill in the caption

    Enter the district, the plaintiff and defendant names and the civil action number of the case.

  2. 2

    Name the plaintiff's side

    Write the name of the plaintiff's attorney or unrepresented plaintiff on the To line.

  3. 3

    Enter the date the request was sent

    The blank after 60 days from is the date when the request was sent. The form counts the answer period from that date.

  4. 4

    Read the duty statement

    The statement at the bottom explains Rule 4 of the Federal Rules of Civil Procedure, what good cause does not include, and that signing allows more time to respond than if a summons had been served.

  5. 5

    Sign and return one copy

    Date and sign, then print the name of the party waiving service and the signer's name, address, email address and phone. The form says the request came with a prepaid means of returning one signed copy.

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Where it goes, timing and costs

Where it goes

Back to the plaintiff's attorney or unrepresented plaintiff named on the To line, using the prepaid means of return that came with the request.

Answer period

The form says an answer or a motion under Rule 12 is to be filed and served within 60 days from the date the request was sent, or 90 days if it was sent outside the United States, and that a default judgment will be entered if that is not done.

Costs

The form does not print a filing fee. Its duty statement says a defendant located in the United States who fails to return a signed waiver requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.

Good cause

The form says good cause does not include a belief that the lawsuit is groundless, that it has been brought in an improper venue, or that the court has no jurisdiction over the matter or over the defendant or the defendant's property.

Formats

The U.S. Courts page offers AO 399 as a PDF.

Related forms

Who uses AO 399?

  • The party waiving service

    The statements read I, or the entity I represent. A line asks for the printed name of the party waiving service of summons.

  • An attorney or the party itself

    The signature line is for the attorney or unrepresented party, with a printed name, address, email address and telephone number.

  • The plaintiff's side

    The To line names the plaintiff's attorney or unrepresented plaintiff, who sent the request along with two copies of the waiver and a prepaid means of returning one signed copy.

  • Defendants located in the United States

    The duty statement says a defendant located in the United States who fails to return a signed waiver requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause.

The form is written in the voice of the party waiving service, the defendant or the entity the defendant represents.

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Questions about Form AO 399

Does signing AO 399 give up defenses?

The form says the signer keeps all defenses or objections to the lawsuit, the court's jurisdiction and the venue of the action, but waives any objections to the absence of a summons or of service.

How long is there to respond after signing?

The form says an answer or a motion under Rule 12 is to be filed and served within 60 days from the date the request was sent, or 90 days if it was sent outside the United States. The duty statement adds that signing allows more time to respond than if a summons had been served.

Who is AO 399 sent back to?

The plaintiff's attorney or unrepresented plaintiff named on the To line, who sent the request with a prepaid means of returning one signed copy.

What if the waiver is not signed and returned?

The duty statement says a defendant located in the United States who fails to return a signed waiver requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.

What does good cause not include?

The form says good cause does not include a belief that the lawsuit is groundless, that it has been brought in an improper venue, or that the court has no jurisdiction over the matter or over the defendant or the defendant's property.

Does AO 399 list a filing fee?

No. The form does not print a fee. Its cost wording is about the expenses of serving a summons.