How to Request a Waiver of Service in Federal Court
July 29, 2026 · 7 min read
A waiver request is simple, but Rule 4(d)(1) lists specific contents and a defective request is not enforceable. Here is the whole sequence, in order.
Step 1 — File the complaint first
Rule 4(d)(1)(A)(ii) requires the request to be accompanied by a copy of the complaint. You cannot meaningfully request a waiver before the case exists, and the notice must identify the court where the complaint was filed.
Step 2 — Address the request to the right person
For an individual defendant, address it to the defendant by name. For a corporation, partnership, or association, address it to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process.
Getting this wrong is the most common reason a waiver later gets challenged. Confirm the registered agent through the secretary of state before sending.
Step 3 — Prepare Form AO 398 and two copies of AO 399
The notice (AO 398) must be in writing, name the court, state the date it is sent, and inform the defendant of the consequences of waiving and of not waiving. It must be accompanied by the complaint, two copies of the waiver form, and a prepaid means for returning the form.
- Notice of Lawsuit and Request to Waive Service of Summons (AO 398)
- Two copies of the Waiver of the Service of Summons (AO 399)
- A copy of the filed complaint
- A prepaid means of returning the signed waiver
Step 4 — Give the defendant a reasonable time to respond
The request must give the defendant at least 30 days from the date it was sent to return the waiver — at least 60 days if the request was sent to a defendant outside any judicial district of the United States. Compute from the send date, not from the date of the complaint, and state the exact deadline on the form.
Step 5 — Send it by mail or other reliable means
First-class mail is the default. Email qualifies as other reliable means when the address is verified. Certified mail is not required, but it produces the cleanest proof of sending, which matters if you later ask the court to shift service costs under Rule 4(d)(2).
Step 6 — Track the deadline and follow up
Docket the return date the day you send. If nothing comes back, a short follow-up quoting Rule 4(d)(2) frequently produces the signature. If it still does not, arrange personal service and preserve the invoices — those are the expenses the court must impose.
Step 7 — File the signed waiver
When the executed AO 399 arrives, file it. Under Rule 4(d)(4) proof of service is then unnecessary and the case proceeds as though the summons and complaint had been served on the filing date. Calendar the defendant's answer for 60 days after the request was sent (90 for foreign addresses).
How Send Waiver App handles the mechanics
Send Waiver App fills the official AO 398 and AO 399 templates from one intake form, computes the 30- or 60-day deadline, assembles a mailing package with a plaintiff cover letter, the notice, two waiver copies, the complaint, and the summons, and can send it by email or by USPS certified mail. Defendants respond free of charge at sendwaiver.app using a link or access code, or by uploading a photo of the signed form.
Send a waiver request with Send Waiver App
Send Waiver App fills the official AO 398 and AO 399 forms, computes the response deadline, assembles a print-ready mailing package, and lets defendants return the signed waiver free of charge online.
Frequently asked questions
- What is the deadline to return a waiver of service?
- At least 30 days from the date the request was sent, or at least 60 days if the request was sent to a defendant outside any judicial district of the United States.
- Do I still need a summons if the defendant waives?
- No summons is served, but most practitioners still have the clerk issue one so that personal service remains available if the waiver is refused.
- What if the defendant never returns the waiver?
- Complete personal service under Rule 4(e), (f), or (h), keep the invoices, and move under Rule 4(d)(2) to recover the service expenses and the fees for the motion.