---
title: "AO 399 waiver of the service of summons"
url: "https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-ao-399-waiver"
type: "precedent"
site: "AI Law Framework"
id: "a5-us-ao-399-waiver"
area_id: "A5"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A5-T1-R2", "A46-X20260927-3"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-ao-399-waiver  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Commercial Litigation & Dispute Resolution](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution.md)
- Jurisdictions: United States
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the official form at uscourts.gov and the 3 authorities it cites, for United States.

## 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

- [Draft pleadings from the facts-and-issues brief](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-pleadings-from-the-facts-and-issues-brief.md)
- [Assemble the service evidence before asking for default judgment](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/assemble-the-service-evidence-before-asking-for-default-judgment.md)

## 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)

## Authorities

- [Administrative Office of the U.S. Courts, Waiver of the Service of Summons (AO 399), effective 1 January 2009](https://www.uscourts.gov/forms-rules/forms/waiver-service-summons)
- [AO 399 (PDF)](https://www.uscourts.gov/sites/default/files/ao399.pdf)
- [Federal Rule of Civil Procedure 4(d) and the appended waiver (Legal Information Institute)](https://www.law.cornell.edu/rules/frcp/rule_4)

## Official form

[Official form](https://www.uscourts.gov/forms-rules/forms/waiver-service-summons)

## Where this comes from

The official form is published by uscourts.gov; this page is a completion guide. Last checked on 2026-10-22.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-ao-399-waiver and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*