Free Affidavit of Service Template

A lot of paperwork can be involved in a court case, and everyone who requires copies of documents must receive them. Therefore, parties must serve documents on other parties at specific points in the court process, in accordance with applicable court rules.

Courts generally require proof that documents were properly served before taking certain steps in a case. If proof of service (this Affidavit) isn’t filed when required, they may delay or refuse processes.

You may need it for family, small claims, or civil matters, where proof of service is required, and no prescribed form applies. You might also need this Affidavit when providing someone with legal documents for other reasons.

The purpose of an Affidavit of Service is to ensure that you have:

• Informed the other party of the steps you’re taking
• Shared the information you plan to present to the court
• Gave them a fair opportunity to respond

By serving the other party, you’re giving them the right to:

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

Serving documents means providing copies of documents to all other parties in a court case.

Whoever is serving documents should take notes that include:

• The name of the person served
• The date and time
• The manner of service

Certain documents must be served in specific ways. For instance, some initiating court documents cannot be served on an individual by regular mail or fax. That said, a document can usually be served any day of the week, subject to applicable rules, court orders, and deadlines.

Typically, documents can be served using the following methods:

• Serving the documents yourself
• • Unless the rules require service by another adult (e.g., special service).
• Having a friend or co-worker serve the documents
• Hiring a private process server or business associate to serve the documents
• Getting a legal representative to arrange for the service of the documents
• Sending documents by email where expressly permitted by applicable court rules or court order.
• • In some cases, the recipient’s consent may also be required.

Court rules can require different types of service, depending on the document served and the court or proceeding involved. Before serving documents, it’s best to confirm which type of service applies to your situation.

Personal Service

Certain documents require personal service, meaning another adult must deliver them to the recipient in person. This means the party to the case cannot serve the documents. Personal service is typically required for important or initiating documentation.

Service by Alternative Methods

Documents may be served using alternative methods where permitted, which can include:

• Mail or courier
• Electronic delivery, such as email
• Leaving documents at a specific location
• Rule-Dependent Requirements

The availability of the above methods depends on the type of service required, which is determined by:

• The document(s) being served
• The court, tribunal, or authority handling the matter
• Court orders or directions in the case

Note: Always double-check requirements. Using the wrong service method can result in delays or require the documents to be served again.

Your Affidavit of Service must be commissioned by an authorized official, like a notary public or commissioner of oaths. This is a necessary step, and without it, your Affidavit isn’t valid.

During commissioning, you swear or affirm that the contents of your Affidavit are true before the notary. You’ll also sign your Affidavit, the notary will witness your signature, and they’ll sign it too.

Make sure you don’t sign your Affidavit before your notary appointment, as you must sign in the presence of the official.

You can meet with a notary online to have your Affidavit commissioned in 7 minutes, from anywhere with a Wi-Fi connection.

Once your Affidavit is completed and commissioned, you may be required to file it with the court or authority as proof of service. The timing and method for submitting it depend on the rules or requirements applied to the specific matter.

If documents have to be served, you usually need to file the following:

• The document(s) that were served, and
• The commissioned Affidavit of Service as proof that those document(s) were served
• Proof of delivery (e.g., delivery confirmation with signature), if applicable

Note: An Affidavit of Service proves that documents were delivered, not that the recipient read, understood, or agreed with them.

The person who served documents must complete the Affidavit of Service. If a copy of a document is served on multiple people, you must complete an Affidavit of Service for each person served. If you’ve served three people, you must complete three separate Affidavits of Service for each person served.

Your Affidavit of Service should contain the following information:

• The type of documents you served
• The legal full name of the affiant (person who served documents)
• The legal full name of the person who was served
• The day, month, and year that the documents were served
• The location where the documents were served (the full address)
• How the person was served (e.g., personal service, lettermail, email)
• Whether the person being served used photo identification (ID)
• • Always record details, like ID licence numbers for further proof of service
• The affiant’s signature
• An authorized official’s name, signature, and stamp or seal

Don’t let commissioning stand in the way of moving your case forward. Our platform is secure, user-friendly, and convenient. You can meet with a notary from your home or office, without commuting to an in-person location.

Book an online notary appointment to have your Affidavit of Service commissioned in minutes, from anywhere!