Affidavit of Service (Form 6B) Guide

Key Takeaways

• An Affidavit of Service (Form 6B) is a legal document proving that family law documents were properly served to the appropriate party.

• Form 6B shows who was served, who served the documents, when, and how they were served to ensure transparency in court proceedings.

• Only the person who served the documents can complete and swear Form 6B in front of an authorized official.

• Filing Form 6B is mandatory after serving documents and must include details like names, dates, and the method of service.

• Complete and commission your Affidavit of Service (Form 6B) today with our reliable online notary service.

Serving documents in a family law case might seem simple, but it plays a significant role in keeping your case moving. The court needs proof that you delivered (served) the right documents to the intended recipient. That’s exactly what the Affidavit of Service (Form 6B) is for. This form is a required document that confirms when, how, and to whom your documents were served.

If this is your first time handling legal paperwork, it’s normal to feel unsure about what’s expected. But once you understand the process, completing and filing Form 6B becomes much more straightforward. 

This guide explains who can serve documents and how to complete and file Form 6B, so you can move forward with confidence.

What Is an Affidavit of Service (Form 6B)?

An Affidavit of Service (Form 6B) is a legal document used in family court proceedings. It provides sworn proof that legal documents have been properly delivered (served) to the appropriate party. 

This party can be an ex-spouse, ex-partner, or another individual. For instance, the plaintiff must provide (serve) a copy of the Plaintiff’s Claim Form to the defendant in a case. 

An Affidavit of Service ensures that all parties are informed about the court proceedings and the correct documents, upholding fairness and transparency. This sworn legal document outlines the following:

• Who was served (provided with) documents;
• Who did the serving (who delivered them);
• When they were served; and
• How they were served.

What Is the Purpose of an Affidavit of Service (Form 6B)?

Serving documents is a critical part of the family court process. Each party must “serve” the other with documents during every step in a family court case. By serving documents, you’re being transparent about the steps you’re taking and the information you plan to present to the court. Accordingly, you’re giving them a fair opportunity to respond.

This Affidavit can:

• Prevent the other party from claiming they didn’t receive copies of documents, which can cause issues.
• Encourage your case to move forward, as it may be stalled if the other party claims you didn’t serve them with documents.

Also, an Affidavit of Service upholds fairness, allowing the other party to:

• Know about a case that’s been started against them
• Respond to the claims made against them
• Make claims of their own

All Affidavits must be sworn or affirmed before an individual authorized to administer oaths and affirmations by law. Knowingly making false or inaccurate statements in an Affidavit is considered perjury, which is a criminal offence. Therefore, being truthful is critical.

Who Can Complete and Swear an Affidavit of Service (Form 6B)?

Only the person who served the documents can complete and swear Form 6B. This person is called the server.

In family law matters, you cannot serve the documents yourself. You must ask someone else who is at least 18 years old to serve the documents on your behalf. This could be a friend, family member, or a professional process server.

The server must swear or affirm the Affidavit in front of a notary public or a qualified Commissioner of Oaths. 

Who Cannot Complete an Affidavit of Service (Form 6B)?

The person who received the documents cannot fill out or swear the Affidavit of Service. That includes the opposing party or anyone on their behalf.

If your case involves special services, such as documents that could result in jail time, then you cannot serve the documents yourself. You must ask another adult or hire a professional server to do it.

Arranging for the Service of Documents

Whoever is serving documents should take notes that include the name of the person served, date, time, and manner of service. Doing so will give them the information they need to complete an Affidavit of Service.

Certain documents must be served in specific ways. For instance, a Plaintiff’s Claim cannot be served on an individual by regular letter mail or fax. Typically, a document can be served on any day of the week.

Documents can generally be served using the following methods:

• Have a friend or co-worker serve the documents
• Hire a private process server or business associate to serve the documents
• Get your legal representative to arrange for the service of the documents.

Types of Affidavits of Service in Ontario

Several different types of Affidavits of Service exist in Ontario, and they each serve a unique purpose:

• Form 6B is used only for family law cases by anyone who serves a document on your behalf.
• Form A8 is used for small claims court by anyone who serves a document, including self-represented individuals.
• Form 8B is used for small claims court only by lawyers and paralegals licensed in Ontario.

Getting an Affidavit of Service Commissioned

Your Affidavit of Service must be commissioned by an official authorized to administer oaths and affirmations by law. You can get your Affidavit commissioned online with us in just under 7 minutes from anywhere with a wi-fi connection. 

During the online commissioning process, the affiant (person making the Affidavit) swears or affirms that the Affidavit’s contents are true before the authorized official. Ensure you don’t sign your Affidavit before commissioning, as you must sign it in the presence of the official.

An Affidavit must meet the following requirements to be considered valid:

• The affiant must have written and signed the Affidavit of Service.
• The affiant must swear or affirm that the contents of their Affidavit are true and correct.
• The Affidavit must be witnessed and signed by someone authorized to administer oaths or affirmations, like a notary public or commissioner of oaths.
• The individual administering the oath or affirmation must verify the affiant’s identity.
• The individual administering the oath or affirmation must verify that the affiant understands the contents of their Affidavit and what they’re signing.

The authorized official who can notarize your Affidavit of Service can be a(n):

• Notary public
• Commissioner of Oaths
• Lawyer
• Judge
• Justice of the Peace

Information to Include in Your Affidavit of Service

Your Affidavit of Service should contain the following information:

• The type of document(s) served
• The legal full name of the affiant [person who served the document(s)]
• The legal full name of the person who was served
• The day, month, and year that the document(s) were served
• The location where the document(s) were served (the full address)
• How the person was served (e.g., personal service, letter mail, email)
• If the person being served used any photo identification, like a driver’s license, record the identification number for further proof of service.
• The affiant’s signature 
• The authorized official’s name, signature, and the location and date of the notarization

Filling Your Affidavit of Service (Form 6B)

When you serve documents to another party, you must file an Affidavit of Service with your original documents at the court office. Be aware that there is a time limit, and you must file your Affidavit and related documents before the applicable deadline.

To make things easier, you can file your documents online using Justice Services Online or in person at a courthouse.

Get Your Affidavit of Service Commissioned Today

Serving documents properly is a crucial part of moving your family law case forward. Form 6B provides the court with proof that you followed the rules and gave the other party a fair chance to respond.

Make sure your Affidavit of Service (Form 6B) is accurate, truthful, and commissioned correctly. Doing so helps protect your case and keeps the legal process fair for everyone involved.

Need your Form 6B commissioned quickly and securely? Meet with one of our online notaries in minutes and complete the commissioning process from anywhere without commuting to an in-person location!