Affidavit of Service

An affidavit of service is completed by a party in a lawsuit to certify that documents have been served on the opposing party. In legal cases, forms filed with the court by one party must typically be provided to the opposing party. An affidavit is then filed to prove that delivery has been made.

Affidavit of Service

An affidavit of service is completed by a party in a lawsuit to certify that documents have been served on the opposing party. In legal cases, forms filed with the court by one party must typically be provided to the opposing party. An affidavit is then filed to prove that delivery has been made.

Last updated November 13th, 2024

An affidavit of service is completed by a party in a lawsuit to certify that documents have been served on the opposing party. In legal cases, forms filed with the court by one party must typically be provided to the opposing party. An affidavit is then filed to prove that delivery has been made.

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What is an Affidavit of Service

An affidavit of service is a legal form proving that court documents have been delivered to an individual. Generally, a party in a court case must serve copies of documents filed with the court clerk to the opposing party. Once served, it is often required that the server prepares an affidavit of service as a record of the delivery, which is then given to the court for filing.

What Happens after an Affidavit of Service

Once an affidavit of service has been filed (and notarized, if required), it’s used in court to show that the server has done their duty in serving court forms. This is important if the recipient denies that they received such documents, especially for notices of a pending suit.

Sample

Download: PDF, Word (.docx), OpenDocument

AFFIDAVIT OF SERVICE

County of [COUNTY]
State of [STATE]

1. SERVER. I, [SERVER NAME] (“Server”), declare under penalty of perjury that the following documents were delivered and served in the following manner:

2. DOCUMENTS. The documents served are described as: [DOCUMENT(S) NAME].

3. RECIPIENT. The above-mentioned documents were delivered to:

  1. Defendant/Respondent: [RECIPIENT NAME] (“Recipient”)
  2. Address/Location: [RECIPIENT ADDRESS]
  3. Date: [MM/DD/YYYY] Time: [HH]:[MM] AM PM

4. DELIVERY. The Recipient received the documents by: (check all that apply)

Mail. The Server sent the documents by: (check all that apply)

– Standard Mail
– E-Mail
– Certified Mail (with return receipt)
– FedEx
– UPS
– Other: [OTHER MAILING METHOD]

Direct Service. The Server handed the documents to a person identified as the
      Recipient.
Someone at the Residence. The Server handed the documents to someone who
      identified as living at the residence and stated their name is: [COTENANT NAME].
Someone at the Workplace. The Server handed the documents to someone who
      identified to be the Recipient’s co-worker and stated their name is:
      [COWORKER NAME].
Leaving at the Residence. The Server left the documents in the following area:
      [DELIVERY AREA].
Recipient Rejected Delivery. The Server delivered the documents to the Recipient
      in-person and did not accept delivery.
Other. [OTHER SERVICE METHOD].

5. VERIFICATION. I declare under penalty of perjury under the laws located in this State that the foregoing is true and correct.

Server’s Signature: _____________________________ Date: ______________
Print Name: [SERVER NAME]

Affidavit of Service: By State

STATE FORM STATUTE
Alabama Certificate of Service Rule 5(d)
Alaska Certificate of Service (Form TF-700) Rule 4(6)
Arizona Certificate of Service (Form COA1) Rule 5(c)(3)
Arkansas Return and Affidavit of Proof of Service Rule 4(d)
California Proof of Service (Form POS-040) 1013 – 1013b
Colorado Certificate of Service (Form JDF 1313) Rule 5(d)
Connecticut Statement of Service (JD-CV-123) Sec. 52-57
Delaware Certificate of Service Rule 5(f)
Florida Certificate of Service (Form 12.914) Rule 1.070(b)
Georgia Certificate of Service § 9-11-4(h)
Hawaii Certificate of Service (Form #2DC04) Rule 4(g)
Idaho Certificate of Service (Form CAO FL 4-4) Rule 5(e)
Illinois Certificate of Service Rule 104(b)
Indiana Certificate of Service (Form NO. 6) Rule 4.15(A)
Iowa Acceptance of Service (Form 105) Rule 1.442(7)
Kansas No official form. § 60-312
Kentucky Civil Summons/Proof of Service (Form AOC-105) Rule 5.03
Louisiana Civil Subpoena/Certificate of Service  § 1313(B)
Maine Certificate of Service Rule 4(h)
Maryland Affidavit of Service (Form CC-DR-055) Rule 1-323
Massachusetts Certificate of Service
(Appeals Court only)
Rule 4(f)
Michigan Proof of Service (Probate Court only)
Proof of Service (Family Division only)
§ 600.1910
Minnesota Certificate of Service for Service by Mail Rule 355.04
Mississippi Certificate of Service (Form 2) Rule 4(f)
Missouri Certificate of Service Rule 43.01(e)
Montana Proof of Service of Summons and Complaint Rule 4(r)
Nebraska Certified Mail Proof of Service Section 66-1105(d)
Nevada Affidavit of Service Rule 4(d)
New Hampshire Acceptance of Service (Form NHJB-3074-De) Rule 3.4(b)
New Jersey Certification of Service (Form CN 12227) Rule 1:5-3
New Mexico Certificate of Service (Form 4-221) Rule 1-004(L)
New York Affidavit of Service Rule 306
North Carolina Affidavit of Service of Process (Form AOC-CV-105) Rule 5(b1)
North Dakota Rule 5(f)
Ohio Certificate of Service Rule 4.1(B)(2)(b) & (C)(2)(b)
Oklahoma No official form. Rule 2(b)(iii)
Oregon Certificate of Service Rule 2.020
Pennsylvania Certificate of Service Rule 405
Rhode Island Certificate of Service Rule 2(j), Rule 2(h)
South Carolina Affidavit of Service (Form SCCA 402) Rule 4(g)
South Dakota No official form. § 15-6-4(g)
Tennessee Certificate of Service Rule 5.03
Texas Certificate of Service Rule 501.4(d)
Utah Certificate of Service (Form 1021GEJ) Rule 5(d)
Vermont Certificate of Service (District Court)
Certificate of Service (Superior Court)
Rule 5(h)
Virginia Certificate of Service Rule 3:6
Washington Affidavit of Service (Form WPF DV-4.020) Rule CR 4(g)
West Virginia Certificate of Service (Form SCA-FC-314) Rule 4(i)
Wisconsin Affidavit of Service (Non-Eviction) (Form SC-5120V) § 801.10(3)
Wyoming No official form. Rule 4(s)