Form · Commercial Litigation & Dispute Resolution

AO 399 waiver of the service of summons

Link to AO 399, the defendant's waiver of service under Rule 4. Signing it keeps defences to the suit, jurisdiction and venue, and sets a longer time to answer.

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 399 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 a defendant returns the waiver requested with AO 398. The plaintiff then files the waiver. Proof of service is not required, and the rules apply as if the summons and complaint had been served when the waiver is filed.

Used for these tasks

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 that a signed waiver matches the request date and the 60-day or 90-day answer time; the lawyer decides whether the defendant should sign and then files it.

AI may

  • Compare the date on the waiver with the date the request was sent, and flag a return that is inside or outside the time the notice gave
  • List the answer or Rule 12 deadline as 60 days from the send date, or 90 days if the request was sent outside any judicial district of the United States
  • Record, from the file, whether the plaintiff has filed the waiver so that proof of service is not required

AI must not

  • Must not sign the waiver or advise the defendant to sign it
  • Must not say that signing waives personal jurisdiction, venue, or any defence other than the absence of a summons or of service
  • Must not treat the waiver as filed before the plaintiff files it
  • Must not draft the defendant's reasons for refusing to waive

The lawyer checks

  • The waiver identifies the plaintiff's lawyer or the unrepresented plaintiff, and the party waiving service
  • The date inserted as the date the request was sent is the real send date
  • The answer or Rule 12 motion is due 60 days after the request was sent, or 90 days if it was sent outside any judicial district of the United States (Rule 4(d)(3))
  • Filing the waiver means proof of service is not required, and the rules apply as if the summons and complaint had been served at the time of filing the waiver (Rule 4(d)(4))
  • Objections to personal jurisdiction and venue are preserved (Rule 4(d)(5) and the form)

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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 399 from uscourts.gov each time; do not copy or adapt it..

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