Affidavit of Service – General Division

Jurisdiction: Country: Canada | Province or State: Newfoundland and Labrador

What is an Affidavit of Service – General Division?

An Affidavit of Service is a sworn statement that proves delivery of court documents. In the General Division of the Supreme Court of Newfoundland and Labrador, this form shows when, how, and to whom you served documents in a case. It confirms that each party received what the rules require. The court relies on this proof before moving your matter ahead.

You, or a process server you hire, complete this affidavit after you serve documents. You then swear or affirm it before a commissioner for oaths or a notary public. The form becomes evidence on the court file. It tells the judge that you followed the service rules.

Who typically uses this form?

Lawyers, self-represented litigants, process servers, and legal assistants use it often. If you start a civil claim, bring a motion, or respond to one, you will likely need it. Government bodies, corporations, and individuals all appear in the General Division. Each must prove service of their filings.

You need this form any time the Rules require proof of service. Without it, the court may not hear your request. For example, you cannot seek a default judgment without proof that the defendant was served. You cannot ask for an urgent order unless you show how and when you notified the other side, unless the court waived service.

Typical usage scenarios

You filed a statement of claim and personally served the defendant. You complete an affidavit of service to confirm the details. You scheduled a motion and served the notice of application and supporting affidavits. You file an affidavit of service for those materials. You served a corporation by leaving documents with a director or at the registered office. You swear an affidavit that explains the method and the person’s role. You will be served by registered mail or courier. You attach the delivery confirmation as an exhibit and swear the affidavit.

The form is straightforward. It requires exact facts. You list the documents served by title and date. You state the date, time, and place of service. You identify the person served and the method of service. You attach any proof that supports your method. You sign only in front of the commissioner or notary. Once commissioned, you file the affidavit with the court.

When Would You Use an Affidavit of Service – General Division?

You use this affidavit after you have served documents in a General Division matter. Use it for originating documents, such as a statement of claim or an originating application. Use it for later steps, such as notices of motion, affidavits, or briefs. If the Rules require personal service, your affidavit shows you met that standard. If the Rules allow alternative methods, your affidavit shows you used one of those properly.

If you are a plaintiff suing for unpaid invoices, you will likely arrange personal service of the claim. You then swear an affidavit of service to support the next step, which may be noting the defendant in default. If you are a defendant serving a defence and counterclaim, you complete the affidavit to prove delivery. If you are a business seeking an injunction, you file the affidavit to confirm you served the application materials. If you are responding to a motion, you prove you served your responding materials within the deadline.

Landlords, tenants, and small consumer disputes often proceed outside the Supreme Court. Yet, some larger disputes, real property cases, or injunctions do proceed here. In those cases, you use this affidavit after serving the other side. Estate matters in the General Division also require service of notices and applications. You would use the affidavit to show that beneficiaries, executors, or interested persons received the documents. Corporations use the affidavit when serving directors, officers, or another corporation in a commercial dispute. Government departments use it when they serve individuals or businesses in enforcement or regulatory matters.

You also use this affidavit when the service was not routine. For example, you served a corporation by leaving documents with a receptionist who confirmed the manager’s authority. Your affidavit explains this and attaches any business card or note that helps identify the person served. Or you were served by registered mail to a last known address. Your affidavit lists the tracking number and delivery date and attaches the confirmation. Or the court ordered substituted service by email and posting. Your affidavit confirms the steps you took under that order and includes copies of what you sent and where you posted.

Use the affidavit promptly after service. Do not wait weeks to swear it. Fresh details improve accuracy. Filing promptly keeps your case moving. Deadlines often depend on the date of service. Your affidavit anchors those dates.

Legal Characteristics of the Affidavit of Service – General Division

This affidavit is sworn evidence. It is a legal document. When you sign it before a commissioner or notary, you make a formal oath or affirmation. You promise that the facts are true to the best of your knowledge. False statements can lead to serious consequences. The court treats the affidavit as evidence. Judges rely on it to decide if the service was valid.

The affidavit is legally binding because it is an oath-based declaration that meets court form requirements. It contains specific facts about the service. It identifies the person who served, the method, and the timing. It includes exhibits that support non-personal service, such as delivery confirmations or consent to electronic service. It bears the jurat, which is the certification completed by the commissioner or notary. The jurat shows where and when you swore the affidavit and who witnessed it. The commissioner or notary signs and prints their name and title. This ensures authenticity.

Enforceability rests on compliance with the service rules and proper commissioning. If you served in a way the Rules allow, your affidavit should satisfy the court. If you served in a way the court ordered, follow the order exactly. Attach the order as an exhibit and state how you complied. If the affidavit lacks detail or shows a flawed method, the court may reject it. The court can also require you to re-serve and re-file. This costs time and money.

The affidavit must be based on personal knowledge. That means the person who actually served should swear the affidavit. Do not swear to facts you did not witness. If a courier delivered the package, you can swear to the steps you took and attach the delivery record. But do not guess about what happened at the door. If you hired a process server, that person should swear the affidavit. Attachments must be true copies. Label each exhibit clearly.

The affidavit must follow formalities. You must sign in the presence of the commissioner or notary. Do not sign earlier. The jurat must include the date, location, and details of the commissioner or notary. Any changes must be initialed by you and the commissioner. The name in the affidavit should match the name on your identification. Use the exact party names as they appear in your case. If there is an interpreter, note that in the jurat as required.

Finally, service must respect privacy and dignity. Avoid posting documents publicly unless a judge orders it. Mask personal identifiers when filing public copies, unless the Rules require full disclosure. Always keep your own copy. Keep the originals of any delivery receipts or confirmations.

How to Fill Out an Affidavit of Service – General Division

Follow these steps to complete the Affidavit of Service for the General Division. Read each step before you begin. Gather all details and proof.

1) Confirm you have the correct court and division

• Ensure your case is in the Supreme Court of Newfoundland and Labrador, General Division.
• Check your filing location and judicial centre. Use the same centre shown on your other documents.

2) Set up the court style of the cause

• At the top, enter the court file number. Use the number assigned by the court.
• Enter the judicial centre name.
• Copy the parties’ names exactly as they appear on your claim or application.
• Identify who the plaintiff(s), defendant(s), applicant(s), or respondent(s) are.

3) Identify the deponent (the person swearing)

• Enter your full legal name and occupation.
• State your address or city and province.
• State your role. For example, I am a process server retained by the plaintiff. Or: I am the plaintiff, and I served the documents myself.
• Only the person who served should swear the affidavit.

4) Describe each document served

• List each document by exact title and date. For example: Statement of Claim dated May 2, 2025.
• If you served more than one document, list them separately.
• If you served an order permitting substituted service, list it as well.

5) Identify the person or entity served

• For an individual: State the full name of the person served.
• Describe how you confirmed identity. For example, the person confirmed their name. Or: I recognized the person from a photograph. Or: The person showed ID with the same name.
• For a corporation: State the corporation’s full name. Identify the person’s capacity, such as director, officer, or authorized agent. If served at a registered office, state the address and that it is the registered office.
• For a partnership: State the firm name and the partner’s name if available.
• For a lawyer of record: State the law firm name and the name and title of the person who accepted service.
• For a minor or a person under disability: State the adult you served and their relationship, as the Rules require.

6) State the method of service

• Personal service: State that you handed the documents directly to the person. Include the date, time, and full address. Note any words spoken that confirm identity.
• Service at a business: State the address, the person’s position, and how they confirmed authority to accept.
• Registered mail or courier: State the date you sent the package, the address used, and the tracking or reference number. State the date of delivery as confirmed by the delivery record.
• Electronic service: State that the other side consented in writing, or that a court order permitted it. Provide the email address used and the date and time sent. Confirm no bounce-back notice was received.
• Substituted service: Quote the specific steps required by the court order. State how and when you completed each step.

7) Attach supporting exhibits

• For registered mail or courier, attach the delivery confirmation and tracking record as Exhibit A, B, etc.
• For electronic service with consent, attach the written consent and the email sent as exhibits.
• For substituted service, attach a copy of the court order and proof that you followed it. Include screenshots, posting photos, or publication proofs if required.
• For service on a corporation, attach any document that confirms the person’s role, if available. A business card or company directory printout can help.
• Label each exhibit with an exhibit stamp or a clear cover page. The exhibit label should identify the deponent, the exhibit letter, and the date sworn. The commissioner or notary should sign the exhibit label.

8) Provide precise timing and location details

• Include the day, month, year, and exact time of service.
• Provide the civic address with city or town and province.
• If service occurred in a multi-unit building, note the unit number or floor.
• If the person refused to take the documents but was identified, state that you left them in their presence and explained the nature of the documents.

9) Include any required descriptions

• If you served someone you did not previously know, include a brief physical description. For example: male, approximately 40 years old, 175 cm, brown hair, glasses.
• Note any unique identifiers, such as vehicle details, if they support identification.

10) Add statements about compliance with the Rules or orders

• If the Rules required personal service, state that you complied.
• If a court order allowed substituted or alternative service, state that you complied with each term.
• Do not argue or add opinions. Keep to facts.

11) Review for completeness and accuracy

• Check names, dates, addresses, and titles against the documents served.
• Confirm that the exhibit letters in the affidavit match the attached exhibits.
• Ensure every page is numbered, if the form provides for it.
• Correct any errors neatly. Initial each change along with the commissioner when swearing.

12) Swear or affirm the affidavit

• Do not sign the affidavit until you are before a commissioner for oaths or a notary public.
• Bring valid photo identification.
• The commissioner or notary will verify your identity and ask you to swear or affirm. You can choose either an oath or an affirmation.
• Sign in front of the commissioner or notary. They will complete the jurat, including location and date, and sign with their title.
• If an interpreter is used, ensure the jurat notes that and the interpreter signs any required declaration.

13) File and keep copies

• File the original sworn affidavit with the court as required for your step.
• Keep a copy for your records.
• Bring a copy to any related hearing. The judge may ask about service.

14) Special notes for common service types

• Service for individuals: Personal service is often required for starting a claim. Hand the documents directly to the person. Do not leave them with someone else unless the Rules allow it for that document or a court orders it.
• Service on corporations: You may serve a director or officer, or at a registered office. Identify the person’s role in your affidavit. If you used a registered office, state that it is the registered office on record.
• Service on lawyers: Once a lawyer has appeared for a party, the Rules often allow service at that lawyer’s office. State the name and role of the staff member who accepted.
• Service outside the province: Follow the Rules for extra-provincial service. State the jurisdiction and method used. Attach proof of delivery.
• Urgent or short-notice service: If the court allowed shortened timelines, state that and attach the order. Describe when and how you served within the shortened period.
• Non-delivery issues: If delivery failed and you tried again, explain the attempts. Attach records of delivery attempts. Do not claim service occurred unless it did.

15) Common mistakes to avoid

• Do not use the wrong party names or court file number.
• Do not omit the time, date, or full address of service.
• Do not generalize the method. Be specific about how identity was confirmed.
• Do not forget to attach delivery confirmations for mail, courier, or electronic service.
• Do not sign the affidavit before meeting the commissioner or notary.
• Do not rely on hearsay. Swear only to what you did and saw.

Practical example: You served a notice of application and supporting affidavit on a respondent at their home. You knocked, confirmed their name, and handed the documents at 7:15 p.m. on a Tuesday. In your affidavit, you state the respondent’s full name, the date, time, and address. You list each document served. You describe how the person confirmed their identity. You sign before a commissioner. You file the affidavit with the court the next day.

Another example: You served a corporation by leaving documents with an officer at its head office. You state the officer’s name and title. You list the documents. You provide the date, time, and address. You attach the officer’s business card as Exhibit A. You swear the affidavit and file it with your motion materials.

One more example: The court ordered substituted service by email and by posting on the defendant’s door. You attach the order as Exhibit A. You attach the email, with time sent and no bounce-back, as Exhibit B. You attach a photo of the posted documents with date and time as Exhibit C. Your affidavit states that you completed the steps on the dates listed in the order.

When you complete the Affidavit of Service with clear facts, you help the court trust your process. Accurate proof of service protects your case. It reduces adjournments and avoids challenges. Take the time to document every step. Then swear, file, and move forward with confidence.

Legal Terms You Might Encounter

• Affidavit means a written statement of facts you swear or affirm are true. This form is an affidavit. You sign it under oath or affirmation to prove how you served court documents.
• Deponent is the person who swears or affirms the affidavit. In this form, the deponent is the server. If you served the documents, you are the deponent who completes and signs the affidavit.
• Service means delivering court documents to a person or organization in a way the court accepts. The affidavit records who you served, how you served them, and when and where it happened.
• Personal service is hand-delivering the documents to the named person or to an authorized representative. If you used personal service, you state that in the form. You also describe how you confirmed the recipient’s identity.
• Substituted service (also called alternative service) is a court-approved method when personal service is not practical. Examples include leaving documents with another person or sending by email, if allowed. If the court authorized it, you attach the order and describe the steps you took.
• Jurat is the section at the end of the affidavit where the commissioner or notary confirms you swore or affirmed the contents. It includes the place, date, and the official’s signature. The jurat must be complete, or the affidavit is invalid.
• Commissioner for Oaths or a Notary Public is the official who witnesses your signature. You must sign this affidavit in front of one of these officials. They will confirm your identity and sign the jurat.
• Exhibit is a document attached to the affidavit and marked with a letter (for example, “Exhibit A”). In this affidavit, an exhibit often includes a copy of what was served or proof of delivery. Each exhibit needs a proper exhibit stamp or statement signed by the commissioner or notary.
• Court file number (or action number) is the unique number for the case. You write it at the top of the affidavit so the court links your affidavit to the right file. Always copy it exactly as it appears on other court documents.
• Process server is a person who delivers documents for legal cases. You can be a process server or hire one. The server must complete and swear this affidavit. If you did not serve the documents, you cannot swear to the service.

FAQs

Do you have to be the person who served the documents to sign this affidavit?

Yes. The affidavit must be sworn or affirmed by the person who actually served the documents. If you arranged service but did not do it yourself, the server must complete and sign this affidavit. You can draft the form for the server, but they must review, confirm, and swear or affirm that the details are true.

Do you need a commissioner for oaths or a notary public?

Yes. You must sign in front of a commissioner for oaths or a notary public. Bring a valid ID. The official will confirm your identity, administer the oath or affirmation, and sign the jurat. Do not sign in advance. Sign only when the official instructs you.

Do you attach the documents you served?

Attach a copy as an exhibit when practical. Label it clearly, such as “Exhibit A.” If you served multiple documents, attach a single bundle and list the titles in the exhibit note. If you served by a method that generates proof (for example, courier tracking), attach that proof as an exhibit as well.

Do you need personal service for every document?

Not for every document. Some documents require personal service. Others may allow service by mail, courier, or email if authorized. This affidavit does not approve a method. It only proves what you did. If you are unsure which method is allowed for your document, consider reviewing the applicable rules or getting legal help.

What if the person refuses to take the documents?

Record what happened. For personal service, you can tell the person what the documents are and leave them in close proximity, then describe those facts in the affidavit. Note the date, time, place, and any identifying details. If a doorman or receptionist blocked you, record the steps you took and who you spoke with. If you still cannot complete the service, you may need court direction before trying a different method.

Can you serve by email and use this affidavit to prove it?

If email service is allowed by consent or court direction, you can use this affidavit to prove it. Include the email details and attach relevant proof as an exhibit, such as the sent email, headers, or read receipts. State who provided consent or reference the order that allowed email service, and attach that order as an exhibit.

Do you need to file this affidavit right away?

File it promptly after service, and before any hearing or deadline that depends on service. Many timelines run from the date of service. The court needs your affidavit to confirm that service occurred by the required date. Late filing may cause adjournments or missed deadlines.

Can you swear this affidavit outside the province?

Yes. You can swear or affirm before a notary public or other authorized official in the place where you are. The official should state their title and location in the jurat. Make sure the official’s stamp or seal is clear and legible.

Checklist: Before, During, and After the Affidavit of Service – General Division

Before you sign

Court details:

• Correct court file number.
• Judicial centre where the case is filed.
• Full names of all parties as they appear on the originating document.

Service details:

• Exact date and time of service.
• Exact location of service (street address, unit, city).
• Method of service (personal, courier, mail, email, or as authorized).
• Name and role of the person served (for example, the respondent or an officer of a company).
• How you confirmed the recipient’s identity (ID check, verbal confirmation, prior knowledge).
• If you served a company, the name and title of the person who accepted service.

Documents served:

• Precise titles of each document (for example, Statement of Claim, Notice of Application).
• Number of pages, if required by the form.
• Any cover letters or enclosures included.
• Supporting items to attach as exhibits (if applicable):
• Copy of each document served.
• Delivery proof (courier tracking, signed receipt, email headers, or read receipts).
• Any consent to alternative service in writing.
• Any court order allowing alternative service.

Identification and logistics:

• Your government-issued ID for swearing.
• The commissioner or notary’s availability.
• Black pen for signatures.
• Enough time to review without rushing.

During signing

Verify header information:

• Court file number matches the case.
• Party names are spelled exactly as on the court documents.

Verify service content:

• Date, time, and full address of service are complete and precise.
• The method of service is correctly selected and described.
• Recipient’s full name and role are correct.
• If the service is with a company, the representative’s title is included.
• Your description of how you identified the recipient is clear.

Review exhibits:

• Each exhibit is labeled (Exhibit A, B, etc.).
• The commissioner or notary has signed the exhibit stamp or exhibit statement.
• Exhibits are legible and complete (no cut-off pages).

Oath or affirmation:

• Choose an oath or an affirmation before signing.
• Sign only in the presence of the commissioner or notary.
• Initial any handwritten corrections in the commissioner’s presence.
• Make sure the jurat shows the correct date, location, and the official’s full details and signature.

Final scan:

• No blanks left in the form.
• All dates are consistent.
• Page numbers or stapling keep the package intact.

After signing

Filing:

• File the original affidavit with the court registry for the case.
• If filing electronically is available, ensure the seal and signatures are clearly visible in the scan.
• Confirm the registry has accepted the filing before any hearing or deadline.

Notifications and copies:

• Keep at least one certified or stamped copy for your records.
• Provide a copy to your lawyer, if you have one.
• You usually do not need to serve the affidavit of service unless the court directs you to.

Record-keeping:

• Store the original and copies flat and unstapled from metal if scanning again is likely.
• Keep digital copies with clear file names (for example, “Affidavit_of_Service_YYYY-MM-DD.pdf”).
• Retain courier receipts, email confirmations, and notes from the service attempt.

Follow-up:

• Calendar limitation periods and deadlines that run from the service.
• If there is a hearing, bring a copy to court.
• If the registry flags an issue, correct it quickly by swearing a new affidavit.

Common Mistakes to Avoid Affidavit of Service – General Division

• Missing or wrong file number

Consequence: The registry may reject the filing or misfile it. Your matter can be delayed. Don’t forget to copy the file number from your latest court document.

• Vague or incomplete service details

Consequence: The court may find service not proven. Hearings can be adjourned. Don’t forget to include the exact date, time, full address, and method of service.

• No exhibits or unmarked exhibits

Consequence: The affidavit may be incomplete. The registry can refuse it. Don’t forget to attach and label exhibits with an exhibit stamp or statement signed by the commissioner or notary.

• Signing outside the presence of a commissioner or notary

Consequence: The affidavit is invalid and must be redone. Don’t forget to sign only when the official is watching and administers the oath or affirmation.

• Describing the wrong person or misidentifying a company representative

Consequence: The court may find service improper. Timelines may not start. Don’t forget to record how you confirmed identity and the representative’s title if you served a business.

What to Do After Filling Out the Form Affidavit of Service – General Division

1. File the affidavit promptly with the court registry where your case is filed. Use the same judicial centre and file number shown on your other court documents. The registry relies on your affidavit to confirm that the service was done correctly and on time.
2. If your court location allows electronic filing, submit a clean, legible scan. Make sure the commissioner’s or notary’s signature and any seal are visible. Include all exhibits in a single, clearly ordered package.
3. If you discover an error after signing, do not alter the affidavit. Prepare a new affidavit of service that corrects the mistake. Swear or affirm the new affidavit and file it. If the earlier affidavit is already filed, you can file the new one as a replacement or a supplemental affidavit. Label it clearly so the court understands which affidavit reflects the correct facts.
4. Keep proof of filing. Ask for a stamped copy or confirmation from the registry. Save it with your records. If a hearing is scheduled, bring a copy with you.
5. Consider what the affidavit triggers. Many timelines depend on service dates, including response deadlines and hearing readiness. Use the date in your affidavit to calendar those deadlines. If a party says they were not served, your affidavit and exhibits will help resolve that issue.
6. If you could not serve the documents despite reasonable efforts, you may need to seek court direction before trying a different method. Keep detailed notes of attempts, dates, and locations. Those facts can support any future request for alternative service.
7. You usually do not have to serve the affidavit of service itself. The court needs it in the file. However, share a copy with your lawyer, if any. If another party asks informally for a copy, providing one can avoid disputes and save time.
8. If you expect to serve more documents in the same case, keep a standard process. Use the same file naming, exhibit labels, and checklist. Consistent records make future filings faster and reduce the risk of mistakes.
9. Finally, store the original affidavit safely. Protect it from damage, staples that might tear, and fading. Keep it where you can find it quickly if the court asks for the original.