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AO 398

Notice of a Lawsuit and Request to Waive Service of a Summons

Federal · United States Courts · Effective January 1, 2009

This form tells someone that a lawsuit has been filed against them in federal court. It asks the person receiving it to sign a waiver so that the court does not have to formally serve them with a summons.

Open the official PDFfrom United States Courts

Where this fits in a case

Start a case

Stage: Start a case

This form is used when a lawsuit has been filed and the person being sued is asked to sign a waiver to avoid the costs of formal service.

Usually filed by the person starting the case.

Common questions

What is this form?
This is a Notice of a Lawsuit and Request to Waive Service of a Summons. It tells someone that a lawsuit has been filed against them in federal court.
Does this mean I have been officially served?
No, the form states that this is not a summons or an official notice from the court. It is a request to waive formal service.
What happens if I sign and return the waiver?
If you return the signed waiver, the action will proceed as if you were served on the date the waiver is filed, and you will have a set amount of time to answer the complaint.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect January 1, 2009.

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