Form · Commercial Litigation & Dispute Resolution
AO 398 notice of a lawsuit and request to waive service of a summons
Link to AO 398, the Rule 4 notice asking a defendant to waive service of a summons. The request must include the complaint, two waiver forms and a prepaid way to return one.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- United States
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the official form at uscourts.gov and the 3 authorities it cites, for United States.
- Version
- 1
- Source
- Link to the official form. Licence: Link only. Administrative Office of the U.S. Courts form. Download the current AO 398 from uscourts.gov each time; do not copy or adapt it.
Where this comes from
The official form is published by uscourts.gov; this page is a completion guide. Last checked on 2026-10-22.
When to use it
Use when the plaintiff asks an individual, corporation or association that can be served under Rule 4(e), (f) or (h) to waive service of the summons. Do not use it for a defendant Rule 4(d) does not cover.
Used for these tasks
- Draft pleadings from the facts-and-issues brief
- Assemble the service evidence before asking for default judgment
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The tool may check a lawyer-prepared notice against Rule 4(d) and list what must go in the packet; the lawyer decides whether waiver is available and signs the request.
AI may
- Check a draft notice against the Rule 4(d)(1) list: writing, addressee, court, complaint, two waiver forms, prepaid return, date sent, time to return, and first-class mail or other reliable means
- List defendants for whom the file shows a Rule 4(e), (f) or (h) defendant, and flag defendants who look like the United States, a state or a local government
- Calculate the return date and the later answer date from the send date the lawyer supplies, using 30 and 60 days, or 60 and 90 days if sent outside any judicial district of the United States
AI must not
- Must not decide that a defendant has a duty to waive, or that good cause for refusing will fail
- Must not send the notice, sign the certification, or file a waiver
- Must not write the date sent as a fact the file does not already record
- Must not treat waiver as a waiver of personal jurisdiction or venue
The lawyer checks
- The defendant is an individual, corporation or association subject to service under Rule 4(e), (f) or (h). Rule 4(d) is not the method for the United States, a state or a local government
- The notice is addressed to the individual, or, for a Rule 4(h) defendant, to an officer, a managing or general agent, or another agent authorised to receive service
- The packet includes the complaint, two copies of the waiver form, and a prepaid means of returning one copy
- The defendant is given at least 30 days after the request was sent to return the waiver, or at least 60 days if sent outside any judicial district of the United States
- The notice states the date it is sent, and is sent by first-class mail or other reliable means
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: Link only. Administrative Office of the U.S. Courts form. Download the current AO 398 from uscourts.gov each time; do not copy or adapt it..
Read the full text
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- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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