Waiver Of The Service Of Summons {AO 399}

AO 399 (01/09), WAIVER OF THE SERVICE OF SUMMONS. This form is used in the United States federal court system to waive the service of a summons. When a plaintiff initiates a civil lawsuit, they are required to serve a summons on the defendant, which informs them of the lawsuit and their obligations to respond to it. However, a defendant may choose to waive this requirement and accept service of the summons by mail, rather than having it served on them in person by a process server. The AO 399 form provides a mechanism for the defendant to waive the requirement for personal service of the summons. By signing the form, the defendant acknowledges receipt of the complaint and summons, and agrees to waive formal service. The form must be filed with the court and a copy must be sent to the plaintiff or their attorney. The purpose of the AO 399 form is to streamline the litigation process by avoiding the need for formal service of the summons, which can be time-consuming and expensive. Waiving service can also give the defendant more time to respond to the complaint, since the clock for their response time does not start until after they have been served with the summons. It is important to note that by waiving service, the defendant is not waiving their right to contest the lawsuit. They still have the opportunity to file a response to the complaint and defend themselves in court. www.FormsWorkflow.com