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 December 4th, 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 form used by a party involved in a legal case or a process server to confirm that court documents have been served. After delivering the forms to the recipient in person, by mail, or by posting them on the premises of their residence, the server completes the affidavit and, if necessary, has it notarized. 

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. Proof of service is important so that the recipient cannot deny that they received the documents and delay the case.

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.
Delivery to Resident. The Server handed the documents to someone who
      identified as living at the residence and stated their name is: [COTENANT NAME].
Delivery to Co-worker. 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]

State Requirements

Note: Some states use a “certificate of service,” while others use a “proof of service”  or “affidavit of service.” As the forms below may not be accepted in every jurisdiction, it’s advisable to verify that the correct form is used for the applicable legal proceedings.

View State Requirements

STATE FORM LAWS
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 70) Rule 5(d)
Connecticut Statement of Service (JD-CV-123) § 24-10
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)
§ 29-1-1-16
Iowa Certificate of Service* Rule 1.442(7)
Kansas Proof of Service* § 60-312
Kentucky Proof of Service* Rule 5.03
Louisiana Certificate of Service* § 1313(B)
Maine Certificate of Service Rule 4(h)
Maryland Affidavit of Service (Form CC-DR-055) Rule 2-121
Massachusetts Certificate of Service Rule 4(f)
Michigan Proof of Service § 600.1910
Minnesota Affidavit of Personal Service Rule 355.04
Mississippi Certificate of Service (Form 2) Rule 4(f)
Missouri Certificate of Service Rule 43.01(e)
Montana Affidavit of Service Rule 4(r)
Nebraska Certified Mail Proof of Service Section 66-1105(d)
Nevada Affidavit of Service Rule 4(d)
New Hampshire Return of Service* Rule 3.4(b)
New Jersey Certification of Service Rule 1:5-3
New Mexico Affidavit of Service 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 Declaration of Service by: Hand | Mail Rule 5(f)
Ohio Certificate of Service Rule 4.1(B)(2) & (C)(2)
Oklahoma Certificate of Service* Rule 2(b)(iii)
Oregon Certificate of Service Rule 2.020
Pennsylvania Affidavit 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 Affidavit of Service § 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: Superior Court | District Court Rule 5(h)
Virginia Service Other Than By a Virginia Sheriff Rule 3:6
Washington Affidavit of Service (Form WPF DV-4.020) Rule CR 4(g)
West Virginia Return of Service (Form SCA-FC-132) Rule 4(i)
Wisconsin Affidavit of Service (Non-Eviction) (Form SC-5120V) § 801.10(3)
Wyoming No official form. Rule 4(s)
*There is no standalone form available online.