Affidavit of Service (Alberta)

Jurisdiction: Country: Canada | Province or State: Alberta

What is an Affidavit of Service (Alberta)?

An Affidavit of Service (Alberta) is a sworn statement you use to prove that you delivered court or tribunal documents to another party in the manner the rules require. It tells the court who was served, what was served, how it was served, where, and when. You sign it under oath or affirmation in front of a commissioner for oaths or a notary public in Alberta. The court relies on this affidavit as evidence that the other party received notice, so your case can move forward.

You will typically use this form in civil and family matters in the Court of King’s Bench of Alberta or the Alberta Court of Justice (Civil), and in administrative tribunals such as residential tenancy or employment standards proceedings. Lawyers, legal assistants, process servers, landlords, tenants, business owners, self‑represented litigants, and government agencies all routinely complete affidavits of service. If you hired a professional process server, they usually prepare and swear their own affidavit of service for filing. If you personally served or mailed the documents, you will complete and swear the affidavit yourself.

You need this form whenever the rules require proof that a document was delivered to a person, corporation, government department, or other entity. Common examples include a statement of claim, originating application, statement of defence, application and supporting affidavit, notice to disclose, financial statements, family law pleadings, subpoenas, notices to attend questionings, tribunal applications, or orders that must be served before they take effect. If the other side does not respond, your affidavit of service allows the court to proceed without them, as long as service was proper.

Typical scenarios:

• Personal service of a statement of claim on an individual.
• Serving a corporation through its registered office.
• Serving motion materials by email with written consent.
• Serving by recorded mail when permitted.
• Completing service in a special way under a substitutional service order.

In many files, you will prepare multiple affidavits of service over time as you deliver different documents.

When Would You Use an Affidavit of Service (Alberta)?

You use an affidavit of service whenever you need to show the court or tribunal that the other party received the documents in the way the rules require. If you are a landlord serving an application for unpaid rent on a tenant, you complete an affidavit describing when and how you delivered the notice or application. If you are a tenant responding to that application, you may serve your reply and file an affidavit of service to prove you met the deadline.

In business disputes, a company suing for breach of contract will serve the statement of claim on the defendant and then file an affidavit of service to show the claim was properly delivered. If the defendant is a corporation, you may serve the registered office or an officer or director and record those details in the affidavit. In family matters, you often serve a statement of claim for divorce or an application for child support, then file the affidavit of service so the court can schedule a hearing or grant relief. When you bring an interim application, you serve your notice and supporting affidavit and then file an affidavit of service to prove the other side had proper notice of the hearing date.

Government departments and agencies also rely on affidavits of service. For example, if you must serve the Attorney General, the affidavit identifies the specific office and person who accepted service. If you are self‑represented and you personally hand the documents to the other party, you will swear an affidavit confirming you did so and describing how you verified the person’s identity. If you use email or another electronic method with the recipient’s written consent or a court order, you attach proof of transmission. When the court has granted substitutional service because you cannot locate the person, you swear an affidavit confirming you followed the exact steps set out in the order, such as posting on a door, emailing to a last‑known address, or messaging through a specified platform.

You also use an affidavit of service when deadlines are strict. If a rule requires you to serve materials a set number of days before a hearing, your affidavit is the record the clerk and judge will check to confirm timely delivery. If service is challenged, your affidavit is the starting point for the court’s analysis and may be tested in cross‑examination.

Legal Characteristics of the Affidavit of Service (Alberta)

An affidavit of service is a sworn or affirmed evidence document. It is not a contract; instead, it is your personal testimony about the facts of service, given under oath or affirmation. It is legally binding in the sense that you are attesting to the truth of the contents, and there are serious penalties for false statements, including potential criminal consequences and costs orders. Courts rely on affidavits of service to decide whether a party received proper notice. If the affidavit is complete and credible, and the method of service complies with the applicable rules or an order, the court will typically accept that service is valid.

Enforceability comes from compliance with the service rules and the formal requirements for affidavits. The deponent must sign the affidavit in the presence of an authorized official (a commissioner for oaths in and for Alberta or a notary public). The jurat—the section at the end that records when and where the oath or affirmation was administered and by whom—must be complete and accurate. The affidavit should provide clear, specific facts: the exact date and time of service, the address, the method, the documents served, and how you identified the person. If you served by mail, courier, or electronically, you attach proof such as delivery confirmations, registered mail receipts, or printouts showing transmission. If you served a corporation, you identify the person and their role, or the registered office, and explain how you confirmed that information.

General legal considerations include personal knowledge, clarity, and consistency. The person who actually performed the service should swear the affidavit. Avoid opinions and stick to facts you personally know. Use the same style of cause (case caption) and court file number as the documents you served. Ensure names are spelled exactly the same way. If a rule or order specifies a particular method—personal service, service on counsel, recorded mail, or substitutional service—you must follow it precisely and describe those steps in the affidavit. If the recipient refused to accept the documents, you should describe what happened (for example, you identified yourself, told them the nature of the documents, and left them within reach). If, after filing, service is disputed, the court can require you to attend to answer questions about your affidavit.

How to Fill Out an Affidavit of Service (Alberta)

Follow these steps to complete the affidavit accurately and avoid rejection or delay.

1) Confirm what you were required to serve

• Identify the exact documents you served (for example, Statement of Claim, Civil Claim, Notice of Application and supporting Affidavit, Financial Statement, Order).
• Check how those documents must be served. Some must be personally served; others can be served by alternate methods with consent or an order. If you served under a substitutional service order, keep that order handy—you will refer to it and attach it as an exhibit.

2) Gather your service details and evidence

• Note the date, exact time, and full address where service occurred.
• Record the method of service (personal, leaving with a specific person, courier, recorded mail, email with consent, or other method ordered by the court).
• For service on a person, note how you confirmed identity (asking them to confirm name, checking ID, prior acquaintance).
• For corporations, note whether you served an officer, director, or the registered office, and how you confirmed that.
• Collect exhibits: a copy of each document served, signed acknowledgments, delivery confirmations, tracking pages, email printouts, text screenshots, photographs of posting, and a copy of any substitutional service order. Label these in order (Exhibit A, Exhibit B, etc.).

3) Complete the style of cause and court information

• At the top, copy the court and file information exactly as it appears on the documents you served. This includes:
• Court level (for example, Court of King’s Bench of Alberta or Alberta Court of Justice (Civil)).
• Judicial centre (for example, Calgary, Edmonton, Red Deer, Lethbridge, or the centre shown on your filed document).
• Court file number.
• Style of cause (the parties’ names in the same order and format, such as “ABC Ltd. v. John Smith”).

Using the wrong file number or party names is a common reason affidavits are rejected. Compare against the stamped copy of what you served.

4) Identify yourself as the deponent

• Insert your full legal name, municipal address (or business address if you are a process server), and occupation or role (for example, “process server,” “legal assistant,” “self‑represented plaintiff”).
• State that you are the person who served the documents. If someone else served them, that person must be the deponent.

5) Describe the documents served

• List each document by its exact title, and the date on the document if applicable. If there are multiple items, number them for clarity within the affidavit text.
• If the document you served had attachments or schedules, say that you served the complete document with all attachments.
• Refer to a copy of each as an exhibit (for example, “A true copy of the Statement of Claim I served is attached as Exhibit A.”).

6) Describe the recipient and method of service

• For an individual: State the recipient’s full name. Describe how you confirmed their identity (for example, they confirmed their name, showed ID, or you recognized them from a photo or prior meetings). State that you handed the documents to them and, if relevant, that you told them what they were.
• If the recipient refused the documents: Say that they refused to accept the documents after you identified them and told them the nature of the documents, and that you left the documents within their reach (for example, at their feet or in the door mail slot) and explained they had been served.
• For service at a residence (only if permitted): Identify the address, the person you left the documents with, their relationship to the recipient if known, and their approximate age if relevant (for example, an adult resident). Explain any additional step required by the rules or order (such as mailing a second copy).
• For corporations: State whether you served an officer or director by name and position, or the registered office address. If you delivered to the registered office, identify the address and the person who accepted delivery, if any. If you served a corporation’s lawyer, state the lawyer’s name and firm and note that they accepted service on behalf of the corporation, if that was agreed.
• For government or agencies: Specify the office, branch, and the person who accepted service, if applicable. Be precise about location and unit numbers.
• For electronic service (only with consent or an order): State that the recipient consented in writing to electronic service or that the court ordered electronic service. Identify the exact email address or platform used, the date and time sent, and any delivery/read confirmations. Attach printouts as exhibits.
• For mail or courier: State the carrier and service (for example, registered mail or tracked courier), the tracking number, the address used, the date sent, and the date of delivery confirmed by tracking. Attach the receipt and tracking page as exhibits.

7) Provide the date, time, and place with precision

• Include the exact date (day/month/year) and the time (including a.m./p.m.) of service. For mail or courier, specify both the date sent and the date delivery was confirmed.
• Give the full address, including unit or suite number, city, and postal code if available. If service occurred in a public place, describe the location (for example, “front lobby of 123 Main Street, Calgary, Alberta”).

8) Reference any court direction or order about service

• If service was completed under a substitutional service order, quote or summarize the required steps and confirm that you followed each one. Attach a copy of the order as an exhibit and refer to it (for example, “A copy of the Order for Substitutional Service granted on [date] is attached as Exhibit B.”).
• If a rule required service by a particular method (for example, personal service for commencement documents), state that you complied.

9) Attach and mark exhibits correctly

• Attach clear, legible copies of each document served and each piece of proof of delivery. Stamp or mark each exhibit letter (“Exhibit A,” “Exhibit B,” etc.). The commissioner for oaths or notary will also sign the exhibit markings.
• In the affidavit body, refer to each exhibit by letter and describe what it is (for example, “Exhibit C is a printout of the email I sent to j.smith@example.com on March 10, 2025, at 2:14 p.m.”).
• Keep the order logical: the document served first, then the proof of service for that document.

10) Review for personal knowledge and clarity

• Confirm that every statement is based on your own firsthand knowledge. Do not include hearsay unless a rule or order specifically allows it for service (generally, it does not).
• Use plain, specific wording. Avoid vague phrases like “around lunchtime.” Use exact times when possible.

11) Swear or affirm the affidavit in front of a commissioner or notary

• Do not sign the affidavit until you are in front of a commissioner for oaths in Alberta or a notary public. Bring government‑issued photo ID.
• The commissioner will ask if you swear or affirm that the contents are true, watch you sign, and then complete the jurat with the date, place (city/town in Alberta), their name, office (commissioner for oaths or notary public), and, if a commissioner, the expiry date of their appointment if required.
• The commissioner will also sign each exhibit page or exhibit stamp. Ensure every exhibit referred to in the affidavit is present and marked.

12) File and serve the affidavit of service as required

• File the sworn affidavit of service with the court or tribunal according to the filing requirements for your case. Some courts require e‑filing; others accept paper filing at the clerk’s office.
• If the rules require you to serve the affidavit of service on other parties (for example, ahead of a hearing), deliver it and keep proof of that as well.
• Bring a filed copy to the hearing, especially for applications where the judge will confirm proper service before proceeding.

13) Practical examples to model your wording

• Personal service on an individual: “On April 3, 2025, at 5:42 p.m., at 22 Park Lane NW, Calgary, Alberta, I personally served John Matthew Smith with a true copy of the Statement of Claim filed March 28, 2025. I confirmed his identity when he stated his name was John Smith and showed me his Alberta Driver’s Licence. I handed the documents to him and told him what they were. A copy of the Statement of Claim is attached as Exhibit A.”
• Service on a corporation at registered office: “On May 2, 2025, at 10:15 a.m., I attended the registered office of XYZ Widgets Inc. at Suite 300, 500 6 Ave SW, Calgary, Alberta, and left a true copy of the Civil Claim with Amanda Lee, receptionist, who confirmed the address was the registered office. A copy of the Civil Claim is Exhibit A, and a photo of the building directory is Exhibit B.”
• Service by email with consent: “On February 14, 2025, at 9:08 a.m., I served the Respondent’s counsel, Jane Patel, by emailing a true copy of the Notice of Application and supporting Affidavit to jpatel@lawfirm.ca. Counsel previously consented in writing to service by email on February 10, 2025. A copy of the consent email is Exhibit A, and a printout of my sent email with timestamp is Exhibit B.”

14) Common pitfalls to avoid

• Do not sign before you are in front of the commissioner or notary. The signature must be witnessed.
• Do not omit the file number, judicial centre, or full party names. They must match the case.
• Do not rely on assumptions about service methods. If you used a special method, make sure consent or a court order exists and is attached.
• Do not forget to attach proof for mail, courier, or electronic service. A bare statement that you “sent it” is usually not enough.
• Do not use vague dates or times. Precision matters when deadlines are counted.
• Do not have someone else swear the affidavit if you performed the service. The server should be the deponent.

15) Signing tips and formatting

• Use black or dark blue ink and print legibly if you are completing by hand. If typed, ensure spacing leaves room for the commissioner’s jurat and exhibit stamps.
• Initial any corrections and ensure the commissioner also initials them. Avoid blank spaces or unfilled fields that could raise questions.
• Keep a copy of the sworn affidavit and all exhibits for your records. If your matter continues for months, you may need to prove service again or answer questions about it.

By following these steps and providing clear, firsthand details with supporting exhibits, you create a reliable record of service. That record allows the court or tribunal to proceed confidently, reduces the risk of adjournments, and protects your position if the other party later claims they were not properly served.

Legal Terms You Might Encounter

• An affidavit is a written statement of facts that you swear or affirm are true. In this form, you swear or affirm that you served the documents as described. The affidavit becomes evidence for the court about service.
• You are the deponent when you sign an affidavit. If you performed the service, you are the deponent in the Affidavit of Service. Your name and signature go on the form, and you take an oath or affirmation.
• Service means delivering court documents to the other side in the way the rules require. The Affidavit of Service proves that you completed service and how you did it.
• Personal service means handing the documents directly to the person or authorized recipient. If you used personal service, the affidavit should name the person, the date, the time, and the exact location.
• Substituted service, or alternative service, is a court‑approved method when you cannot find the person. This can include leaving documents with someone else, posting, or another method. If you used alternative service, your affidavit must follow the court’s order and describe exactly what you did.
• A commissioner for oaths is authorized to take oaths and declarations. You must sign the Affidavit of Service before a commissioner for oaths, or a notary public, or another authorized official.
• A notary public can administer oaths and verify identities, often for use inside or outside the province. If you sign outside Alberta, you may need a notary public or an official with similar authority.
• An oath or affirmation is the promise you make that what you say is true. If you prefer not to swear a religious oath, you can make a solemn affirmation. Either way, your signature confirms the truth of your service details.
• Exhibits are documents attached to an affidavit. If you attach proof such as a delivery receipt, email, or photos of posting, each attachment should be marked as an exhibit and referred to in the affidavit.
• The style of cause, sometimes called the caption, is the case title. It includes the court file number, the court location, and the names of the parties. The style of cause on your Affidavit of Service must match your other court documents.

FAQs

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

Yes. The person who actually served the documents must sign the Affidavit of Service. If a process server or another adult served the documents, that person is the deponent and must complete and swear the affidavit.

Do you need to attach proof to the affidavit?

Attach proof when it helps show how service occurred. Examples include a courier receipt, signed delivery confirmation, email headers, text screenshots, or photos of posted notices. Label each attachment as an exhibit and describe it in the affidavit.

Do you need a commissioner for oaths or notary public?

Yes. You must sign the affidavit in front of an authorized official. A commissioner for oaths or a notary public can do this. Bring photo ID and sign only when the official instructs you. Do not sign in advance.

Do you have to serve by hand, or can you use email or mail?

It depends on your case and any court order. Some documents require personal service. Others allow service by email, mail, or courier. Some documents can be left with an adult at the person’s home or given to a lawyer who accepts service. Check what your rules or any order allows for your document type.

Do you need a court order for alternative service?

If you cannot serve by the usual methods, you often need a court order allowing another method. The order will set out exactly what you must do. Your affidavit must show that you followed the order step by step, including dates and how you completed each action.

Do you need the person’s signature to prove service?

No. For personal service, you do not need the other person’s signature. You record the date, time, and location, and describe how you identified the person. If service was by mail or courier, a signed receipt can help, but the rules define what is acceptable proof.

Do you file the Affidavit of Service right away?

File it as soon as you complete service and have sworn the affidavit. Many deadlines run from the date of service, so timely filing helps the court track timelines. Bring or submit the original and the required number of copies.

Do you need to re‑serve if you made a small mistake on the affidavit?

Not always. If the mistake is minor, you can correct the affidavit or file a new sworn affidavit with accurate details. If the mistake affects whether service was valid, you may need to re‑serve. Correct the error quickly to avoid delays.

Checklist: Before, During, and After the Affidavit of Service (Alberta)

Before signing

• Confirm who must be served. Note legal names and roles.
• Verify the correct method of service for your documents.
• Gather full addresses, email addresses, and phone numbers.
• Collect the exact documents to be served. Check page counts.
• Prepare a clear plan for service. Note dates and time windows.
• Bring valid photo ID for swearing the affidavit.
• Set up a commissioner for oaths or notary public appointment.
• Print extra copies to attach as exhibits if needed.
• Prepare a log to record date, time, and location of service.
• If using alternative service, read the order carefully and list each step.

During signing

• Check the style of cause and file number for accuracy.
• Confirm the court location and party names match your case.
• Review the date and time of service. Write them clearly.
• State the exact location of service, including unit number.
• Identify the person served by full name and role.
• Describe how you confirmed the person’s identity.
• List every document served. Include titles and dates.
• If mail or courier was used, list tracking or delivery details.
• If alternative service was used, describe each step performed.
• Attach and label exhibits. Cross‑reference them in the text.
• Do not sign until the commissioner or notary instructs you.
• Initial any corrections in front of the official.
• Ensure the official completes the jurat with date and location.

After signing

• Make copies of the sworn affidavit and any exhibits.
• File the original with the court promptly.
• Keep a stamped copy for your records.
• Serve a copy on the other party only if rules require it.
• Calendar response deadlines triggered by service.
• Monitor delivery confirmations if service continues by stages.
• If the affidavit is rejected, fix issues and re‑file.
• Store the affidavit and exhibits securely and confidentially.
• Update your proof of service log with filing details.
• Prepare for the next step, such as a hearing or default request.

Common Mistakes to Avoid

• Don’t forget to identify the person served with certainty. Vague descriptions can cause disputes and delays. If you are unsure, confirm identity before you hand over documents.
• Don’t guess dates or times. Inaccurate service details can lead to the court rejecting your affidavit. Record date, time, and location immediately after service while details are fresh.
• Don’t sign the affidavit before you meet the commissioner or notary. Pre‑signing can invalidate the affidavit. You must sign in the presence of the official who administers the oath or affirmation.
• Don’t attach unlabeled proof. Unmarked receipts or screenshots can be confusing. Label each item as an exhibit and refer to it by exhibit letter in the affidavit.
• Don’t ignore special service rules for businesses or agencies. Serving the wrong person may not count. Follow the required method for corporations or government bodies to avoid re‑service.

What to Do After Filling Out the Form

1. File the sworn affidavit promptly. Timely filing helps your timeline move forward. Bring the original and enough copies. Ask for a stamped copy for your records.
2. If the court returns the affidavit for correction, fix the errors quickly. Common issues include missing signatures, wrong file numbers, or unclear service details. Re‑swear the corrected version if needed.
3. If you need to amend details later, prepare a new affidavit. State the accurate facts and attach any new exhibits. File the new affidavit and keep it with your case records.
4. Share copies only as required. You usually do not need to serve the Affidavit of Service itself unless rules or orders require it. If you do, serve it and keep proof.
5. Track deadlines triggered by service. Many next steps depend on when the other side was served. Calendar response periods, hearing dates, and any follow‑up service steps.
6. Prepare for the next phase of your case. If you served an application or claim, plan for the response or the hearing. If the other party does not respond, consider your default options based on your procedure.
7. Keep your records organized. Store the sworn affidavit, exhibits, and service log securely. Maintain digital backups. You may need to refer to them during a hearing or later in the case.
8. If service fails or is challenged, adjust your approach. Consider another attempt, a different method allowed by the rules, or seeking permission for alternative service. Keep detailed notes for your next affidavit.
9. If you served outside the province, confirm any extra steps. Some out‑of‑province service needs special proof or additional certificates. Ensure your affidavit explains who administered your oath and where.
10. When the case progresses, continue to update your proof of service trail. Each round of documents may need its own affidavit. Keep the style of cause consistent and your method compliant each time.