Affidavit of Service

Jurisdiction: Country: Canada | Province or State: Federal

What is a Affidavit of Service?

An Affidavit of Service is a sworn statement. It confirms that you served court documents on another party. It tells the court who was served, how, where, and when. It also lists exactly what you served. You sign it under oath or affirmation before an authorized official.

In federal matters, this form proves delivery in a clear, reliable way. The court needs that proof to act on many requests. Without it, your filing may stall. Your motion may not be heard. Your appeal may not progress.

Who typically uses this form?

You see it most from process servers, law firm staff, and self-represented litigants. Government counsel and corporate legal teams also rely on it. In short, anyone who serves documents in a federal case may need to file one.

Why would you need this form?

Because the court must know that the other side got notice. Notice is fundamental. It protects fairness. It gives the other side a chance to respond. Your affidavit is the formal record that notice happened.

You use an Affidavit of Service whenever you serve documents that trigger deadlines, rights, or hearings. Common examples include a notice of appeal, a motion record, an application for judicial review, or a responding record. You may also file one for service on the Attorney General in a constitutional question. You may need one when you file written arguments, books of authorities, or any document the rules require you to serve.

Typical usage scenarios

You serve a notice of motion by email with consent. You then swear an affidavit attaching the sent email. You serve a notice of application by courier. You then swear an affidavit attaching the courier receipt and tracking printout. You personally serve an individual at their home. You then swear an affidavit describing the person and the time of service. The pattern is the same. Serve. Record the details. Swear to those details. File the affidavit as proof.

Your affidavit is not the story of your dispute. It is not a place for argument. Keep it factual and specific. Name the documents served. Explain the method of service used. Include the date, time, and place. Identify the person served or the recipient email or address. Attach proof that supports your account. The court wants clear facts that can be checked.

When Would You Use a Affidavit of Service?

You use this form whenever you must prove service in a federal proceeding. That includes appeals, applications, motions, and references. It includes service on lawyers, parties, and government offices.

If you are a self-represented litigant, you use it when you serve the other side. For example, you start a judicial review. You serve the tribunal and the respondent. You then swear an affidavit confirming each service event. You attach delivery proofs.

If you are a lawyer or legal assistant, you use it for every significant service step. You serve a motion record on all parties. You bundle the sent emails and courier slips. You swear and file one affidavit covering each recipient. Or you file separate affidavits if that suits your workflow.

If you are a process server, this is your core product. You attend an address. You identify the person or office. You deliver the document. You record the time, place, and identity details. You then swear the affidavit and attach your notes or receipts.

If you are serving a government body, you also use it. You may need to serve the Attorney General when raising a constitutional issue. You serve the correct office. You then swear an affidavit showing the office name, address, and the delivery proof.

If you used email service, you still need this affidavit. You confirm that the party consented to email service or that rules allow it. You attach the sent email with the time stamp and recipient address. You explain how you confirmed that address.

If you used courier or registered mail, file this form with the receipt and tracking. The court needs the objective proof. Your affidavit ties the tracking number to the actual documents served.

If you used personal service, this form is essential. You must say who you served. Describe how you confirmed identity. State the exact date and time. If the person refused the document, say that you left it in their presence and explained what it was.

You also use this form when you get an order for substituted service. You follow the order. You then swear an affidavit explaining what you did. You attach the proof that you complied with that order. That maintains a clean record for the court.

Legal Characteristics of the Affidavit of Service

This form is legally binding. You swear or affirm it before an authorized official. That official can be a commissioner for oaths, a notary public, or a lawyer with that authority. You then sign it. The official signs and states their capacity. That makes it an affidavit.

Because it is sworn evidence, the stakes are high. If you lie, you expose yourself to serious sanctions. False affidavits can lead to contempt or criminal charges. You also risk costs and damage to your credibility. The oath or affirmation is not a formality. Treat it seriously.

What ensures enforceability? Clarity, detail, and compliance do. The affidavit must identify the court file, the parties, and the deponent. It must list the documents served. It must state the method, date, time, and place of service. It must name the person or office served or the electronic address used. It must attach exhibits that prove the service details. Finally, it must be commissioned properly. All exhibits must be marked and signed by the commissioner.

The method of service must follow the court’s rules or an order. Some documents require personal service. Some allow email or fax with consent. Some allow courier or registered mail. If you use an allowed method, your affidavit will carry weight. If you use a method that is not allowed, the court may reject it. The court may also validate irregular service in some cases. But do not rely on that. Follow the rules or get an order in advance.

General legal considerations are practical. File your proof of service promptly. Many steps cannot move ahead without it. Motions can be adjourned if proof is missing. Appeals can be delayed. Relief can be set aside if service was defective. If you discover a mistake, act fast. Serve again if needed. Or seek an order validating the earlier service.

A party can often serve documents. But personal service is best done by an adult who is not a party. That reduces disputes about what happened. It also avoids you becoming a witness in your own matter. If you do serve yourself, disclose that in the affidavit. Say exactly what you did and when.

Your affidavit should stand alone. A judge should be able to read it and know exactly what happened. Do not assume the judge knows your file history. Give the full titles of the documents. Use exact dates and times. Spell names correctly. Match the names to the style of cause. Consistency builds trust.

How to Fill Out a Affidavit of Service

Follow these steps. Have the served documents and your delivery proofs on hand before you start.

1) Set up the court heading

• At the top, set the court name for your federal matter.
• Add the court file number exactly as assigned.
• Add the style of cause. Use the party names and roles from your file.
• Add the title “Affidavit of Service.”

2) Identify yourself as the deponent

• State your full legal name.
• State your city and province of residence.
• State your role. For example: process server, legal assistant, or self-represented party.
• Confirm you are over 18.
• If you are not a party, say so. If you are a party, say so.

Example: “I, Jordan Lee, of Ottawa, Ontario, process server, make oath and say:”

3) List the documents you served

• List each document by its full title and date.
• Include any schedules or attachments that were part of the served package.
• State the number of pages, if helpful.
• If there were multiple versions, state which version you served.

Example: “On May 10, I served: Notice of Application dated May 8 (6 pages). Affidavit of Sam Patel sworn May 8 (10 pages plus one exhibit).”

4) Describe exactly how you served the documents

For each person or office you served, use a separate numbered paragraph. Include:

• The recipient’s full name and role. If serving counsel, include the firm name.
• The address, email, or fax number used.
• The method of service used.
• The date and local time of delivery.
• How you confirmed identity or consent, as needed.

a) Personal service on an individual

• State the location and time.
• Describe how you confirmed identity. For example: the person told you their name, and you matched it with ID or photo.
• If the person refused to take the documents, say you left them in their presence after identifying them.

Example: “At 3:15 p.m. on May 10, at 123 Main Street, Ottawa, I personally served Alex Morgan. Alex confirmed their name and accepted the documents.”

b) Service on counsel of record

• State the lawyer’s name and firm.
• State the delivery method. For example: hand delivery to reception or email to a known address.
• Include the office address or the email you used.
• If by email, state that counsel consented to email service or that it is an accepted method in this matter.

Example: “At 2:05 p.m. on May 10, I served Taylor Chen, counsel for the Respondent, by email at tchen@lawfirm.ca with consent.”

c) Courier or registered mail

• Identify the courier or mail service.
• Include the tracking number.
• State the date you sent the package.
• State the address used.
• If delivery confirmation shows date and time delivered, include that.

Example: “On May 10, I sent the documents by courier to the Department of Justice, 200 Kent Street, Ottawa. Tracking number 123456789 shows delivery on May 11 at 10:22 a.m.”

d) Email service

• State the recipient email address.
• Confirm consent to email service or the basis for email service.
• State the date and time sent, with time zone.
• Confirm that the email did not bounce.
• Attach a copy of the sent email and any read receipt.

Example: “On May 10 at 1:02 p.m. (EDT), I sent the documents by email to defense@firm.ca with prior consent. No bounce-back was received.”

e) Fax service

• State the fax number used.
• State the date and time sent.
• State the number of pages, including cover sheet.
• Attach the fax confirmation page.

f) Service on a government office

• State the department or office name.
• State the required address for service.
• State the method used and the delivery proof.
• If serving an Attorney General, identify the office correctly.

5) Attach exhibits that prove service

• Label each proof as an exhibit: “Exhibit A,” “Exhibit B,” and so on.
• Common exhibits include:
• A copy of the served covering letter or email.
• Courier receipt and tracking printout.
• Registered mail receipt and delivery confirmation.
• Fax confirmation page.
• A photo of the building or suite sign, if it helps identify the place served.
• A copy of the document cover page, showing the title and date.
• The commissioner must mark and sign the exhibit pages. Do not forget this step.

6) Include details for multiple recipients

• Use a separate paragraph for each person or office served.
• Cross-reference exhibits as needed.
• Keep the sequence clear and chronological if that helps.

7) Explain any irregularities or special orders

• If you received an order for substituted service, say so.
• Quote the key parts of the order or attach it as an exhibit.
• Describe what you did to comply with the order.
• If you tried personal service but could not complete it, list your attempts. Include dates, times, and locations.

8) Add the deponent’s signature block

• End with the standard oath or affirmation language.
• You can choose to swear or affirm. Both are valid.
• Sign in front of the commissioner only. Do not sign in advance.

Example closing:

“Sworn (or Affirmed) before me at Ottawa, Ontario, this 12th day of May, 20XX.”

• A space for your signature and printed name goes here.

9) Add the commissioner’s details

• The commissioner signs and prints their name.
• They state their authority (for example, Commissioner for Oaths).
• If required, they state their appointment expiry date.
• They should also sign and mark each exhibit.

10) Review for completeness and accuracy

• Check names, dates, addresses, and file number.
• Ensure every statement has support in your exhibits or your personal knowledge.
• Make sure every exhibit is legible and labeled.
• Confirm the number of pages and exhibit letters are correct.

11) File and serve the affidavit of service as required

• Keep the original with wet signatures.
• File it with the court when needed for your step.
• Provide copies to the parties if the process calls for that.
• Keep a copy and your proof set in your records.

Practical tips to avoid problems:

• Record details at the time of service, not later. Memory fades fast.
• Use a clear file naming system for emails and scans.
• Convert digital proofs to PDF and print for exhibits.
• If you rely on consent for email or fax, keep written proof of that consent.
• If you serve after hours, note the local time and time zone.
• If serving a large package, state the page count or weight. That supports the tracking link to your specific package.
• If someone denies receiving service, your affidavit and exhibits should resolve the dispute. The more specific, the better.

Common mistakes to avoid:

• Vague entries like “served last week.” Use exact dates and times.
• Missing the recipient’s full name or role.
• Listing the wrong court file number or party names.
• Failing to attach courier or email proofs.
• Forgetting to have the commissioner sign the exhibits.
• Using a service method not allowed for that document.
• Signing the affidavit before meeting the commissioner.

If you realize you made an error after commissioning:

• Do not alter the sworn affidavit.
• Prepare a new, corrected affidavit and swear it.
• File the corrected version and explain, if needed, in a short cover note.
• If deadlines are affected, address that promptly with the court or the other side.

Finally, remember the role of this form. It is a simple, factual log of a delivery event. Keep it neutral and precise. Show the court what you did and how you know it happened. If you do that, your proof will stand. And your case can move forward on schedule.

Legal Terms You Might Encounter

• Affidavit means a written statement of facts that you swear or affirm as true. Your Affidavit of Service confirms how and when you served the documents.
• Deponent is the person who swears or affirms the affidavit. In this form, the deponent is the person who did the service, not the party or the lawyer, unless they personally served.
• Commissioner for Oaths (or Commissioner for Taking Affidavits) is the official who can take your oath or affirmation. You sign the Affidavit of Service in front of this person.
• Notary Public is another official who can administer oaths or affirmations and witness your signature. A notary’s seal usually appears on the affidavit they witness.
• Swear or Affirm is how you promise the facts are true. Swearing uses a religious oath; affirming is a non‑religious promise. Either is valid.
• Service is the act of delivering court documents to the other side. This form proves you served as the rules require.
• Personal Service means handing the documents directly to the person or to a person allowed to accept them. Your affidavit must say who accepted the documents and how you confirmed identity.
• Substituted Service is a court‑approved alternative when you cannot serve in the usual way. If a court order allows it, your affidavit must describe exactly what you did under that order.
• Proof of Service is the evidence that service happened. Your signed and commissioned affidavit is the proof the court expects.
• Exhibit is a document attached to an affidavit. If you attach proof like a courier receipt or email printout, it should be marked as an exhibit and referenced in your affidavit text.

FAQs

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

Yes. The deponent must be the person who actually served. If a process server delivered the documents, the process server signs the affidavit. You cannot sign based on what someone else told you.

Do you need a lawyer to complete and file an Affidavit of Service?

No. You can complete and file it yourself. You do need a commissioner or notary to witness your signature. Many courthouses and offices provide this service for a fee.

Do you have to serve in person for every document?

Not always. Some documents require personal service. Others allow service by mail, courier, or electronic means. Your affidavit must match the method you used. If the rules allow email service, attach proof of delivery and identify the email address used.

Do you need to attach proof like receipts or screenshots?

Attach proof when the method of service is not face‑to‑face. Include courier or mail receipts, tracking pages, delivery confirmations, or email headers. Mark them as exhibits and refer to them in the affidavit.

Do you use one affidavit for multiple people served?

No. Prepare a separate Affidavit of Service for each person served. Each affidavit should state the name of the person served and the method used for that person.

Do you file the Affidavit of Service immediately after serving?

File it as soon as possible after service. Many steps have deadlines that run from the date of service. Filing quickly prevents disputes and protects your timeline.

Do you need the original documents served attached to the affidavit?

No. You do not attach the served originals. You identify the documents by title and date in the affidavit. Attach proof of delivery if needed, not the original documents.

Do you need to re‑serve if the person refuses to accept the papers?

Not necessarily. If you used a method the rules allow, refusal does not always defeat service. Describe the refusal in detail in the affidavit. Include where you were, what you said, and how you left the documents. When in doubt, consider another attempt or seek directions from the court.

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

Before signing

• Confirm the exact titles of the documents you served.
• Note the court file number and style of cause exactly as on the filed documents.
• Record the date, time, and full address where service occurred.
• Record the full name and role of the person served.
• Confirm the method of service allowed for your document.
• Gather proof of delivery:
• Courier or mail receipts and tracking pages.
• Email messages and delivery confirmations.
• Text or messaging app screenshots with timestamps.
• Photos or notes from personal service attempts.
• Have identification details you used to confirm the person’s identity.
• If using substituted service, have the court order and the steps you took.
• Find a commissioner or notary and bring valid ID.
• Bring a clean copy of the Affidavit of Service form and any exhibits.

During signing

• Review the caption: court name, file number, and parties.
• Check that the deponent’s full name and contact details are correct.
• Confirm the service details:
• Date and time of service.
• Full address, including unit or suite number.
• Method of service used.
• Name and role of the person served.
• If personal service:
• State how you confirmed identity (ID seen, photograph, reliable admission).
• Describe words exchanged if refusal or avoidance occurred.
• If service by courier, mail, or email:
• Identify the address or email used.
• Confirm how you know it belongs to the person or their lawyer.
• Refer to attached exhibits by letter or number.
• If substituted service:
• Cite the court order date.
• Describe each step you took under the order.
• Attach the order as an exhibit if required.
• Number each exhibit and label it clearly. Make sure the affidavit text refers to each one.
• Read the entire affidavit slowly. Fix any typos or missing dates before you swear or affirm.
• Swear or affirm in front of the commissioner or notary. Sign in their presence only.
• Ensure the commissioner or notary completes their section, signs, dates, and stamps/seals if applicable.

After signing

• Make a clean copy of the signed and commissioned affidavit for your records.
• File the affidavit with the court registry. Use the file number and party names exactly.
• If e‑filing is available, follow the court’s file format and naming rules.
• Serve a copy of the filed Affidavit of Service on the other parties if required.
• Keep your original receipts, tracking pages, and notes with the filed copy.
• Calendar any upcoming deadlines that run from the date of service.
• If the court returns the filing for correction, fix the issues and re‑file promptly.

Common Mistakes to Avoid

• Leaving out the method of service. If you do not say how you served, the court may reject the affidavit. Don’t forget to name the method and explain the steps you took.
• Using one affidavit for several people. A combined affidavit creates confusion and risk. File a separate affidavit for each person served to avoid delays.
• Forgetting exhibits. Without proof for mail, courier, or electronic service, the court may not accept service. Don’t forget to attach and label receipts, tracking, or screenshots.
• Signing without a commissioner or notary. An unsigned or uncommissioned affidavit has no legal effect. Don’t forget to sign only in front of an authorized official.
• Vague details about identity or location. If you cannot show who was served and where, the affidavit loses weight. Don’t forget to include full names, exact addresses, and how you confirmed identity.

What to Do After Filling Out the Form

1. File the affidavit with the court. Submit it as soon as possible after service. Use the proper file number and party names. Check if the court requires the original or accepts an electronic copy.
2. Notify the other parties if required. Some steps require you to give the other side a copy of the filed Affidavit of Service. Doing this maintains transparency and limits disputes.
3. Track your deadlines. Many procedural deadlines start on the date of service. Set reminders for the next filing or response dates. Keep proof of your reminder system in your file.
4. Prepare for any challenge. If another party disputes service, you will rely on this affidavit. Keep your notes, receipts, and photos. Be ready to explain your steps if asked.
5. Correct errors quickly. If you spot a mistake after signing, do not alter the signed document. Prepare a new affidavit with correct facts. Explain the correction clearly. Swear or affirm the new affidavit and file it.
6. Amend service if needed. If service did not meet the rules, consider re‑serving using a compliant method. Then file a new Affidavit of Service. If you cannot locate the person, consider seeking directions from the court.
7. Store records securely. Keep the commissioned original, exhibits, and proof of filing. Use both digital and paper copies. Label them with the file number and date of service.
8. Align next steps with your case plan. Identify what the served party must do next and when. Prepare your own upcoming filings. Organize your supporting documents so you can act without delay.