Affidavit of Service

An Affidavit of Service, also called proof of service, is a sworn statement confirming that legal documents were delivered to a party in a lawsuit or other proceeding, and it is essential because courts cannot proceed against a defendant who has not been properly served. The person who delivered the documents, such as a process server, sheriff, or authorized adult who is not a party, swears under penalty of perjury that they served the named individual, describing what was served, when, where, and by what method. Courts require the affidavit to satisfy due process, ensuring the defendant received notice and an opportunity to respond. Without a valid Affidavit of Service on file, a court may refuse to enter a default judgment, postpone hearings, or dismiss the matter. The affidavit creates the official record that service occurred in compliance with the applicable rules of civil procedure.

An Affidavit of Service must be signed by the person who actually delivered the documents, and in most jurisdictions that person must be an adult who is not a party to the case. Common servers include licensed process servers, county sheriffs or marshals, and disinterested adults over 18 permitted by the court's rules. The server signs under penalty of perjury, attesting from personal knowledge to the details of delivery, and many states require the affidavit to be notarized before a notary public. A party to the lawsuit generally cannot serve their own documents, because the rules require a neutral server to preserve the integrity of the process. The affidavit identifies the server, the recipient, and the manner of service. Because rules on who may serve and whether notarization is required vary by state and court, the server should confirm the local requirements before completing the affidavit.

An Affidavit of Service must include the name of the person served, the documents that were delivered, the exact date, time, and location of service, and the method used, such as personal delivery, substituted service, or service by mail. The server identifies themselves, states they are over 18 and not a party to the action, and swears under penalty of perjury that the information is true. For substituted service, the affidavit should describe who accepted the documents and their relationship to the defendant, and for posting or mailing, it should detail the steps taken. A physical description of the person served is often included to confirm identity. Accuracy is critical because the affidavit establishes that service complied with the rules of civil procedure; defects can void service and any resulting judgment. The completed affidavit is filed with the court to create the record that notice was properly given.

An Affidavit of Service documents whichever method was used to deliver the legal documents, with personal service, handing the papers directly to the named party, being the most reliable and preferred method. When personal service is not possible, courts may permit substituted service, in which papers are left with a competent adult at the defendant's home or workplace and often followed by a mailed copy, and the affidavit must describe exactly how that was done. Other recognized methods include certified mail, service on a registered agent for a business, and, with court permission, service by publication when a defendant cannot be located. The affidavit specifies the method and the supporting details so the court can confirm the rules were followed. Because each method has strict requirements under state procedure, the server must accurately record the steps taken, since improper service can be challenged and invalidate the proceeding.

An Affidavit of Service must be notarized in many jurisdictions, because it is a sworn statement and notarization administers the server's oath and authenticates the signature. The notary public verifies the server's identity, witnesses the signature, confirms the oath, and completes a jurat with a seal before the affidavit is filed with the court. Some states and courts accept an unsworn declaration under penalty of perjury in place of notarization, and licensed process servers in certain states may sign a certified proof of service without a notary. Because requirements differ by court and by whether the server is a sheriff, licensed process server, or private individual, the server should confirm the local rule before filing. Regardless of notarization, the affidavit must be accurate and complete, since the court relies on it to confirm proper service and a defective proof can delay the case or undermine a judgment.