Affidavit of Personal Service

Jurisdiction: Country: Canada | Province or State: Saskatchewan

What is an Affidavit of Personal Service?

An Affidavit of Personal Service is a sworn statement that proves you handed court documents directly to a person or authorized representative. In the Provincial Court of Saskatchewan, the court relies on this affidavit to confirm that a party received the documents they must respond to. You use it after you complete personal service, then swear or affirm the details before a Commissioner for Oaths, Notary Public, or lawyer.

You typically use this form in Provincial Court matters such as Small Claims. Plaintiffs use it after serving a Civil Claim and supporting documents. Defendants use it after serving a Reply or a counterclaim. You may also use it after serving a subpoena on a witness for a Provincial Court hearing. Law firms, process servers, and self-represented litigants use this affidavit often. If you personally served the documents, you are the one who completes and swears the affidavit.

You need this form because the court must see reliable proof of service before it takes the next step. Without it, the court may not proceed with your claim or application. The court uses your affidavit to decide if service followed the rules and timelines. If a defendant does not respond, your affidavit can support a request for default judgment or another procedural order. If a witness does not attend court, your affidavit can support a request for a warrant or other remedy, if available.

Typical usage scenarios include a business owner suing for unpaid invoices in Small Claims and serving the defendant in person. A homeowner serves a contractor with a reply. A tenant or landlord involved in a Small Claims dispute serves a party with a claim or subpoena. A process server delivers documents to a corporate defendant by handing them to a director or officer. In each case, the server records who was served, when, where, and how identity was confirmed. The affidavit then locks those facts in as sworn evidence.

Personal service means you handed the documents to the person named, or to someone authorized to accept for an entity. For an individual, you place the documents in their hands or in close proximity if they refuse to accept, after telling them what the documents are. For a corporation, personal service usually means handing the documents to a director or officer, or another authorized person such as a registered agent. Your affidavit must state who accepted the documents and why that person was authorized. Accuracy matters. The court relies on your detailed account to decide if service was valid.

The affidavit is short, but it must be precise. It includes your name, address, and occupation. It lists each document served by title and date. It states the full name of the person served, the date, time, and exact location of service, and how you identified the person. You attach a copy of the served documents as an exhibit. You sign the affidavit only in front of a Commissioner for Oaths, Notary Public, or lawyer. The commissioner completes the “jurat” section, which records where and when you swore or affirmed the statement.

When Would You Use an Affidavit of Personal Service?

You use it whenever the Provincial Court of Saskatchewan requires proof that you personally served documents. In Small Claims, you will file this affidavit after you serve a Civil Claim, a Reply, a counterclaim, a Notice of Hearing, or any other document the rules require you to serve in person. The same applies when you serve a subpoena on a witness. The court needs proof that the witness received the subpoena and any required witness fees at the time of service.

If you are a plaintiff in Small Claims, you prepare an Affidavit of Personal Service after you hand your filed claim to each defendant. If you are a defendant, you prepare one after you hand your reply to the plaintiff (or plaintiffs). If you later serve a Notice of Hearing or additional materials, you prepare a new affidavit for that service event. Each service event gets its own affidavit, unless your form allows listing multiple documents served at the same time on the same person.

Business owners often use this affidavit when suing suppliers, customers, or contractors. Individuals use it for disputes about services, loans, or property damage. If you operate a corporation and sue another corporation, you may serve its director or officer and then complete the affidavit naming that person and their role. If you hire a process server, the process server completes and swears the affidavit, not you, because the affidavit must be based on first-hand knowledge.

You may also need the affidavit if you bring a witness to court with a subpoena. The Provincial Court may require proof of personal service for a subpoena to be enforceable. You attach a note in the affidavit that you tendered the required witness fees at the time of service, and state the amount and method of payment. If the witness later fails to attend, your affidavit can support any steps you seek from the court.

Finally, you use this affidavit when a party does not respond. If a defendant ignores a claim, the court will look for an Affidavit of Personal Service to confirm proper service before considering default. If your affidavit is incomplete or unclear, the court may refuse the default and ask you to fix the service or file a better affidavit.

Legal Characteristics of the Affidavit of Personal Service

This affidavit is a sworn or affirmed statement of fact. It is legally binding because you give it under oath or affirmation, and you face penalties if you lie. When you sign before a Commissioner for Oaths, Notary Public, or lawyer, you declare that the facts are true to the best of your knowledge. The law treats a false affidavit as a serious offence. This consequence supports the reliability of affidavits as court evidence.

Enforceability comes from two points. First, Saskatchewan Provincial Court procedures require proof of service before certain steps, like default judgment or enforcing a subpoena. The affidavit provides that proof in a form the court can accept. Second, the affidavit must be properly commissioned. The jurat must state the place and date of swearing or affirming. The commissioner signs, adds their name and appointment, and includes any required expiry information for a commissioner’s appointment. The commissioner should also mark and initial each exhibit. These formalities confirm that the affidavit meets evidentiary standards.

The affidavit must be based on direct, personal knowledge. The server swears it, not someone else. You should not include hearsay or speculation. If you identified someone by recognition, say so. If you confirmed identity by asking and seeing photo ID, say so. If you served a corporation, state the name and role of the person who accepted service and how you learned their role. Keep the facts specific. Avoid opinions and arguments.

Clarity and precision protect your case. The court needs complete names, accurate dates and times, and exact locations. Use legal names from the filed claim. Include corporate suffixes such as “Inc.” or “Ltd.” as applicable. If someone refused to accept the documents, note exactly what happened and what you did. The court may still accept personal service when you told the person what the documents were and left them in close proximity after they refused to take them.

You can swear an oath or affirm. An affirmation is a solemn promise without religious content. Both have the same legal effect. Sign only in front of the commissioner. Do not sign earlier. The commissioner must see you sign and confirm your identity. Bring a valid photo ID to the commissioning.

Provincial Court staff cannot give legal advice. They may help with procedure and forms, but cannot tell you what to say. If you are unsure who to serve for a corporation or how to handle a difficult service, get legal advice or hire a process server. Proper service is your responsibility. The affidavit only records what you did. If the service was not valid, a perfect affidavit will not cure it.

How to Fill Out an Affidavit of Personal Service

Follow these steps to complete and file your Affidavit of Personal Service for the Provincial Court of Saskatchewan.

1) Gather your materials

• Your filed court document(s) that you served.
• The court file number and exact party names as they appear on the filed claim.
• Details of service: date, time, full address, and how you identified the recipient.
• The name and role of the recipient (for a corporation, their title).
• Any notes on special circumstances, such as refusal or witness fees tendered.
• A Commissioner for Oaths, Notary Public, or lawyer to commission your affidavit.
• Government-issued photo ID for commissioning.

2) Complete the header

• Court: Provincial Court of Saskatchewan.
• Court location: the Provincial Court location where the case is filed.
• File number: copy it exactly from your issued documents.
• Style of cause: write the parties exactly as on your claim (e.g., “ABC Plumbing Ltd. (Plaintiff) v. John Doe (Defendant)”).

Use legal names. Include corporate suffixes. Ensure spelling matches the court file.

3) Identify yourself as the deponent

• Full legal name.
• Residential or business address in Saskatchewan or elsewhere.
• Occupation.

Add a simple opening statement such as: “I, [name], of [address], [occupation], make oath and say:”

State that you are the person who served the documents. Confirm you are over 18. If you are a process server, you may state that.

4) List each document you served

Clearly list each document by title and date. For example:

• Civil Claim, filed [date].
• Reply, filed [date].
• Subpoena to Witness, issued [date].

Include all pages, including attachments, schedules, or exhibits. You will attach a true copy as Exhibit “A” (and “B” if needed) to the affidavit.

5) Identify the person or entity served

For an individual: write the person’s full legal name as on the court file. If the file used a known alias, note that as well only if it appears on the file.

For a corporation: write the exact corporate name and the full name and title of the person who accepted service. State why they were authorized, such as “director,” “officer,” or “authorized agent,” and how you learned that (they told you, they showed ID, or you confirmed with posted office signage).

For a partnership or business name: name the legal entity and the person you handed the documents to, with their role, if known.

6) Describe when and where the service happened

Include the calendar date, time (with a.m./p.m.), full civic address, city or town, and province. If service took place in a building, add details such as “front reception,” “shop floor,” or “suite number.” Precision helps the court assess the reliability of service.

7) Explain how you confirmed identity

Keep it factual. Use one or more of the following:

• The person confirmed their name.
• You recognized the person from a photo or a prior meeting.
• The person showed photo ID.
• Staff identified the person to you.
• The recipient provided a business card showing their name and title.

If you relied on a vehicle plate or workplace uniform to assist, add that as context, but do not speculate.

8) Record the method of personal service

State that you personally handed the documents to the named person. If the person refused to take them, state that you identified the person, told them what the documents were, and left the documents in close proximity. Describe where you placed them (for example, at their feet or on a surface near them). If they attempted to evade, describe your efforts briefly and how you completed service.

9) Note any special requirements

Subpoenaed witness: state that you tendered the required witness fees at the time of service, the amount, and how you paid (cash, e-transfer, or cheque). Note any refusal to accept the fees.

Multiple documents at once: list all documents served in the same affidavit if they were served together on the same person at the same time. If you served on different dates or to different people, prepare separate affidavits or separate paragraphs that are clear and distinct.

Interpreter: If you used an interpreter for service, note that fact and the language used, but keep the affidavit to facts within your knowledge.

10) Attach and mark exhibits

Attach a true copy of each document you served. Label them as Exhibit “A,” “B,” and so on. The commissioner will mark each exhibit with an exhibit stamp or a handwritten note and initial it. In your affidavit, add a line such as: “Attached as Exhibit ‘A’ is a true copy of the document I served.”

If you gave a subpoena with a witness fee cash, you can attach a photo or receipt as an exhibit if available. This is optional, but can be helpful. Keep private information to a minimum.

11) Add a clear concluding statement

End with a statement such as:

“I make this affidavit from my own knowledge.”

Avoid arguments or commentary. Do not include settlement discussions or unrelated facts.

12) Prepare the jurat

Leave the jurat section blank until you meet the commissioner. The jurat includes:

• The city or town and province where you swear or affirm.
• The date of swearing or affirming.
• The commissioner’s signature, printed name, and appointment (Commissioner for Oaths in and for Saskatchewan, Notary Public, or lawyer).
• The expiry date of the commissioner’s appointment, if applicable.

Do not sign the affidavit until the commissioner instructs you to sign.

13) Meet the commissioner and swear or affirm

Bring a valid photo ID. The commissioner will confirm your identity, ask if you read and understood the affidavit, and ask you to swear or affirm. Sign each page where required. The commissioner will sign and stamp the jurat and mark the exhibits. Check that all exhibits are referenced and marked.

14) Review for completeness

Confirm:

• Names, dates, times, and addresses are accurate.
• All documents served are listed and attached.
• The jurat is complete and signed.
• All exhibits are marked and initialed.
• No blanks remain and all changes are initialed by you and the commissioner.

Keep the content legible. Use dark ink. Number pages if the form does not already do so.

15) File and serve the affidavit as required

File the original Affidavit of Personal Service with the Provincial Court registry for your case location if the procedure requires filing. Keep a copy for your records. If the court requires you to provide a copy to the other party, do so. If you plan to seek a default judgment, file the affidavit before or with your request. Bring a copy to any hearing where service might be in issue.

Practical tips for common situations

• Serving an individual at home: record the house number, street, and any distinguishing features. If another person answers the door, do not leave documents with them for personal service. Ask for the named person. Wait until they come to the door, then complete the service.
• Serving at work: ask for the person by their full name. If asked, explain that you have legal documents for them. When they arrive, confirm identity and serve.
• Serving a corporation: ask for a director or officer. If the reception accepts on behalf of the corporation, ask for their name and role and note it. Record signage or a business card that confirms the corporate identity.
• Recipient refuses: state you identified the person, told them the nature of the documents, and left them within reach. Note their words and behaviour only as needed to show refusal and completion of service.
• Multiple defendants: prepare a separate affidavit for each person you served. This keeps records clear and avoids confusion.

Common errors to avoid

• Signing before you meet the commissioner.
• Missing the file number or using the wrong party names.
• Forgetting to attach the documents served as exhibits.
• Vague details such as “sometime last week” or “at the mall.” Use exact dates, times, and addresses.
• Stating conclusions instead of facts. For example, write “Jane Doe told me she is a director” rather than “Jane Doe is a director,” unless you verified from a reliable source that you personally saw.

If you follow these steps, your affidavit will give the Provincial Court clear, reliable proof of personal service. That helps your case move forward without delay.

Legal Terms You Might Encounter

• Affidavit. This is your sworn or affirmed written statement of facts. In this form, you confirm when, where, and how you personally handed the court documents to the person named.
• Deponent. That’s you, the person who signs the affidavit. You swear or affirm that your statements about service are true.
• Personal service. This means you physically gave the documents to the right person. You did not mail them or leave them with someone else. This form proves that direct hand‑off.
• Commissioner for Oaths. This is the official who can take your oath or affirmation in Saskatchewan. You sign the affidavit in front of them. They complete the jurat and stamp or note their authority.
• Notary Public. If you are outside Saskatchewan, you will likely sign before a Notary Public. A Notary also administers oaths and confirms your identity. The Notary fills in the jurat section.
• Jurat. This is the block at the end of the affidavit where the official confirms you swore or affirmed on a certain date and place. It includes the official’s signature and details.
• Service address. This is the address where you found and served the person. You record the exact location of the service. You do not list your own address in this box unless the form asks for it.
• Proof of identity. This is how you knew you had the right person. It can include asking their name, checking photo ID, recognizing them, or confirming details. You describe your method in the form.
• Respondent or Defendant. This is the person you served. Their full legal name must match the name on the court file. If they use a different name, note both and explain briefly.
• Substituted service. This is an alternate method allowed by a court order when you cannot serve personally. Do not use this affidavit for substituted service. Use the method the court ordered and the proper proof form for that method.

FAQs

Do you need to serve the documents yourself to complete this affidavit?

No. Any adult who personally served the documents can complete and swear the affidavit. The person who did the service must be the deponent. If a process server did the service, the process server must sign the affidavit, not you.

Do you have to sign in front of a Commissioner for Oaths or a Notary?

Yes. You must swear or affirm the affidavit before an authorized official. Do not sign it in advance. Bring government photo ID so the official can confirm your identity.

Do you need to attach the documents you served to the affidavit?

Usually, no. You list the full titles of the documents you served and the number of pages. If the court or a judge has told you to attach exhibits, follow those instructions. If you used an envelope or receipt to complete service, you can bring it to court if asked.

What if the person refuses to take the papers from your hand?

You can complete personal service if you identify the person and tell them what the documents are, then leave the papers in their presence. Record exactly what happened in your affidavit, including what you said and how the person reacted.

What if you served the wrong person, or you are unsure?

Do not file the affidavit. You must personally serve the correct person. Confirm identity before handing over the documents. If you are unsure after the fact, attempt service again and complete a new affidavit describing the successful service.

Do you need to include the exact time and place of service?

Yes. Note the exact date, the precise time, and the specific location. Include the civic address if possible. If the service happened at a workplace or public place, say so.

Can you use this affidavit if you served a business or corporation?

No. Personal service in a business or corporation often follows different rules. Use the correct method for that entity and the appropriate proof of service form.

When should you swear the affidavit after service?

Do it as soon as possible while the details are fresh. You must file it in time for the court to accept service before the hearing or deadline. Prompt filing helps avoid delays.

Can you correct a mistake on the affidavit after you swear it?

No. Once sworn, you should not alter it. If you find an error, prepare a new affidavit with the correct facts and swear it again. File the new one and explain that it replaces the prior version.

Do you need a witness to the service?

A witness is not required for personal service. If someone was present, you can note their name in your affidavit. The key is your clear description of how you identified and served the person.

Checklist: Before, During, and After the Affidavit of Personal Service

Before signing

Case details:

• Court file number and registry location.
• Exact names of all parties as they appear on the file.
• Your full name and contact details.

Documents served:

• Exact titles of documents served, with dates.
• Number of pages for each document.
• Any attachments or enclosures included with the service.

Service facts:

• Correct spelling of the person’s full legal name.
• Exact date of service.
• Precise time of service (use 24‑hour time if you prefer).
• Exact location, with civic address or clear description.
• How you confirmed identity (asked for ID, asked their name, recognition, etc.).
• Physical description or distinguishing features if helpful for identification.
• The words you used to advise them about what the papers were.
• Who else was present, if anyone
• Any refusal to accept or attempts to avoid service.
• Any prior unsuccessful attempts, with dates and times (keep in notes if needed).

Commissioning:

• Decide whether you will swear (oath) or affirm (no religious content).
• Bring a valid government photo ID.
• Locate a Commissioner for Oaths in Saskatchewan, or a Notary if outside.
• Ensure you know the place and date you will sign.

During signing

• Read every line slowly. Make sure the facts are precise and complete.
• Confirm the court file number and party names match the case exactly.
• Verify the document titles and page counts match what you served.
• Check the service date, time, and location fields.
• Confirm the recipient’s name and your identification method.
• Make sure any physical description is accurate and respectful.
• Do not leave blanks. If a question does not apply, write “N/A.”
• Do not add opinions. Stick to facts you saw or heard yourself.
• Sign only in front of the Commissioner or Notary.
• The Commissioner or Notary should:
• Complete the jurat with date and place.
• Print their name and title clearly.
• Add their appointment details or stamp.
• Initial any corrections made before you swore or affirmed.

After signing

Filing:

• File the original affidavit at the same Provincial Court office as the case.
• File before the hearing or deadline tied to the served documents.
• Ask the clerk if additional copies are needed.

Notifying parties:

• If the court directs you to share proof of service, provide a copy.
• Keep one copy for yourself.

Record‑keeping:

• Store the filed copy and your notes of service in a safe place.
• Retain any receipts, notes, or photos related to service attempts.
• Calendar follow‑up dates, hearings, and any filing deadlines.

If issues arise:

• If you discover an error, prepare a new affidavit and swear it again.
• If the other party claims they were not served, be ready to describe the event.
• If service fails, consider alternate service methods with court permission.

Common Mistakes to Avoid

• Leaving out the time of service.

Consequence: The court may reject the affidavit, causing delay. Don’t forget to include the exact time, not just the date.

• Misspelling the person’s name or using the wrong party name.

Consequence: The court may doubt identity or service. Check the court file spelling and match it exactly.

• Signing the affidavit before meeting the Commissioner or Notary.

Consequence: The affidavit is invalid. You must sign in front of the official who administers the oath or affirmation.

• Vague identity details.

Consequence: The court may question whether you served the right person. State how you identified them and any confirming details.

• Altering the affidavit after it is sworn.

Consequence: The document can be rejected or questioned. If you need changes, prepare and swear a new affidavit.

What to Do After Filling Out the Form

1. File the original with the court. File at the same Provincial Court location where the case is filed. Do this before any deadline tied to the served documents. Bring your photo ID if the clerk needs to confirm you are the deponent.
2. Confirm acceptance. Ask the clerk to confirm the affidavit is complete and accepted for filing. If anything is missing, fix it quickly to avoid delay.
3. Update your case record. Note the filing date on your case checklist. Store a copy with your service notes. Keep your timeline of attempts and the successful service details.
4. Share copies if directed. If the court asks you to provide proof of service to the other party or a third party, send a copy and keep a record of how and when you sent it.
5. Prepare for the next step in your case. Review the next deadline triggered by the service. Examples include a response period, a hearing date, or a compliance date. A calendar to date and plan any follow‑up filings.
6. If you learn that the affidavit has an error. Do not cross out or amend a filed affidavit. Draft a new affidavit with the correct facts. Swear or affirm it again. File the new version and, if needed, explain that it replaces the earlier affidavit.
7. If service was not possible or was defective. Do not file this form. Track your attempts. Consider asking the court for permission to use a different service method. Follow the court’s directions and use the proof of service form that matches the method allowed.
8. Bring proof to your hearing. If the other party disputes service, the judge may ask you questions. Bring a copy of the affidavit, your notes, and any supporting records. Be ready to explain precisely how you identified the person and what you said.
9. Keep everything organized. Keep a clean case file that includes pleadings, proof of service, hearing notices, and orders. Good records help you respond quickly if questions arise.