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Notice of a Lawsuit and Request to Waive Service of a Summons. Download Form (pdf, 261.Notice of Lawsuit and Request for Waiver of Service of Summons (AO 398). Form: PDF icon AO_398.pdf. Get the forms and information needed for special civil part cases. Request for waiver of service of summons and notice of lawsuit, Secondary Sources. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. If a summons is not issued within 15 days from the date of the Track Assignment Notice, the action may be dismissed in accordance with R. -2(a). I affirm that this Notice of Lawsuit and Request for Waiver of Service of Summons is being sent to you on behalf of the Plaintiff on the date indicated below. This request must be made in writing and accompany the summons from the original complaint.