PC Form 4 – Affidavit of Service (Manitoba)

Jurisdiction: Country: Canada | Province or State: Manitoba

What is a PC Form 4 – Affidavit of Service (Manitoba)?

A PC Form 4 is a sworn statement that proves you delivered court documents to another party in Manitoba. “Affidavit of Service” means you (or your process server) are telling the court, under oath, exactly how, when, and where the documents were served, and on whom. The court uses this affidavit as evidence that the other party received notice and has a fair chance to respond or appear.

Who typically uses this form?

Anyone who needs to prove service in a Provincial Court matter. That includes self-represented litigants and lawyers in small claims, provincial family matters heard in Provincial Court, and other Provincial Court proceedings that require personal or alternative service. If you hired a professional process server, the server fills out and swears the affidavit, not you. If you served by mail or courier, the person who mailed the package (often you or a colleague) swears the affidavit and attaches the mailing proof.

Why would you need this form?

Courts do not act against someone unless they know that person was properly notified. If the defendant or respondent does not show up or respond, your Affidavit of Service lets the court proceed (including granting default relief) because you can prove they were served. If the other side disputes service, your affidavit is your evidence. Without it, your case may be delayed or dismissed, and a default order might be refused.

Typical usage scenarios:

• You filed a small claim for unpaid invoices and personally served the defendant. You complete PC Form 4 to confirm date, time, place, and method of service, and you attach a copy of the served claim as an exhibit.
• You applied for a court order and served a Notice of Motion and supporting affidavit on the other party by courier with signature confirmation. You swear PC Form 4, attach the courier receipt and delivery confirmation, and file it before the hearing.
• You served a corporation by leaving documents with a company officer at its registered office. You swear PC Form 4 describing who you served, where, and how you verified identity or authority.
• You attempted personal service several times and then served by an alternate method authorized by a court order (for example, posting to a door or emailing a specified address). You swear PC Form 4 and attach the order and proof of what you did under that order.

In short, PC Form 4 is your proof of proper service. It turns your word into admissible evidence the court can rely on.

When Would You Use a PC Form 4 – Affidavit of Service (Manitoba)?

Use PC Form 4 any time court rules require you to prove how you served a document. This most often happens at the start of a case, when serving a claim or application, and again when serving motions, supporting affidavits, subpoenas, or any document that must be personally served or otherwise proven delivered. If the court mailed the original claim for you, you may not need to prove service for that first step, but you will still need to prove service for later steps you handle yourself.

If you are a landlord filing a small claim for property damage and you personally hand the claim to the tenant, you will use PC Form 4. If you are a tenant serving a defence and counterclaim on your former landlord by registered mail, you will use PC Form 4 with Canada Post tracking and signature confirmation attached. If you are a contractor suing a corporation for non-payment, and you serve the company’s officer at the registered office, you will use PC Form 4. If you are a self-represented litigant bringing a motion to vary a Provincial Court order, and you courier your materials to the other party with signature on delivery, you will use PC Form 4.

Process servers use PC Form 4 daily. They document each service in detail: descriptions of the person served, exact times and locations, and any identifying questions asked. Court clerks, while helpful, do not complete this form for you. The deponent—the person with personal knowledge of service—must complete and swear it.

You also use PC Form 4 when seeking default judgment or asking the court to proceed without the other party. The judge will look for your Affidavit of Service in the file to confirm proper notice. If you served under an alternative method authorized by a court order, you always use PC Form 4 and attach the order and proof that you followed it.

Legal Characteristics of the PC Form 4 – Affidavit of Service (Manitoba)

PC Form 4 is legally binding because it is an affidavit: a written statement made under oath or affirmation before a Commissioner for Oaths or a Notary Public. When you sign, you are swearing that your statements are true based on your personal knowledge. False statements can carry serious consequences, including contempt or criminal liability. That is why you must be precise and factual—no guesses, no assumptions.

What ensures enforceability?

First, the oath or affirmation blocks (the jurat) completed by the Commissioner or Notary confirm you swore properly. Second, the content must meet the service rules for your type of case. That means the method of service you used must be permitted (for example, personal service on an individual; service to a company officer or registered office for a corporation; service by registered mail where allowed; or service by a court-authorized alternate method). Third, you must attach any required supporting materials, such as:

• A copy of the document(s) served, marked as an exhibit.
• A signed acknowledgement of receipt, if applicable.
• A courier or mail receipt and delivery confirmation.
• A copy of any order permitting substitution or alternative service.

The court will accept your affidavit if it is properly sworn, complete, and consistent with the rules on service. If the other party disputes service, your affidavit becomes the starting point for the court’s analysis. Detailed, contemporaneous facts carry weight: exact times, locations, descriptions of the recipient, and how you confirmed identity.

General legal considerations:

• The deponent should be the person who actually served or mailed the documents. If you used a process server, do not swear the affidavit yourself—have the server swear it.
• You can only swear to facts within your own knowledge. If you include information based on records (such as a tracking page), identify the records you relied on and attach them as exhibits.
• Do not sign the affidavit until you are in front of the Commissioner or Notary. They must see you sign and will verify your identity.
• Service deadlines matter. The affidavit does not cure late or improper service. If your rules say to serve a motion seven clear days before the hearing, serving three days before and filing an affidavit will not fix the timing.
• Different parties have different service rules. Individuals are typically served personally. Corporations are usually served at the registered office or on a director, officer, or authorized agent. Government bodies and minors may have special service requirements. If you are not sure, confirm the correct method before serving.

Courts depend on reliable proof of service to ensure fairness. PC Form 4 creates that proof in a form the judge can trust and rely on.

How to Fill Out a PC Form 4 – Affidavit of Service (Manitoba)

Follow these steps carefully. Your goal is to give the court a clear, credible record of service.

1) Gather what you need before you start.

• The filed document(s) you served (e.g., Claim, Defence, Notice of Motion, Affidavit, Subpoena).
• The court file number and the exact names of the parties as they appear on the court file.
• Service details: dates, times, locations, and the name of the person or entity served.
• Any proof or receipts (mail tracking, courier bill of lading, signed acknowledgment).
• A Commissioner for Oaths or Notary Public to witness your signature.
• Photo ID for swearing the affidavit.

2) Complete the court header (style of cause).

• Court level: Provincial Court of Manitoba (match your case).
• Centre (court location).
• File number assigned by the court.
• Plaintiff/Claimant and Defendant/Respondent names exactly as on your court documents. Use full legal names. If a party is a corporation, use the registered corporate name.

3) Identify the deponent (you, or your process server).

• Full legal name.
• Residential or business address.
• Occupation or role (e.g., “process server,” “legal assistant,” “self-represented litigant”).
• State that you are the person who served the documents or, if mailing, the person who prepared and sent the package.

Example wording you can adapt: “I, Jordan Smith, of Winnipeg, Manitoba, process server, MAKE OATH AND SAY:”

4) List the document(s) served.

• Title each document and the date on it (e.g., “Notice of Claim dated March 5, 2025;” “Notice of Motion returnable April 12, 2025, with supporting Affidavit of Jordan Smith sworn March 30, 2025”).
• If you served multiple documents together, list them all.
• Mark a clean copy of the document(s) served as Exhibit A (and B, C if more). You will staple or attach them with an exhibit stamp or a simple label (e.g., “Exhibit A to the Affidavit of Jordan Smith sworn [date]”). The Commissioner will initial the exhibit marking when you swear.

5) Identify who you served.

• For individuals: Full name of the person served. Include a brief, factual description to confirm identity (e.g., approximate age, height, hair, clothing) if you did not know them beforehand.
• For corporations: The corporate name and the person you handed the documents to (name and title if known), and the address of service. Indicate if it was the registered office or the principal place of business. If you confirmed the registered office prior to service, say how (e.g., by corporate registry search).
• For partnerships or organizations: Name the entity and the individual you served, with their role if known.

Example: “On April 3, 2025, at 3:45 p.m., I personally served John Michael Doe, the Defendant, at 123 Main Street, Winnipeg, Manitoba, by handing him true copies of the documents listed above.”

6) State when, where, and how you served.

• Date, exact time, and full civic address including unit/suite if applicable.
• Method of service: personal service (handing documents to the person), leaving with an adult at the person’s residence if permitted, service on a corporation by leaving with an officer/at registered office, registered mail, or courier with signature.
• If service was by registered mail or courier, state the date you sent the package, the address used, tracking number, and the date of delivery shown on the confirmation. Attach the receipt and tracking page as exhibits.
• If you served under a court order permitting substitute or alternate service, attach that order and describe exactly what you did to comply (e.g., posted to door, emailed to specified address, mailed to last known address).

Example entries:

• “On March 20, 2025, at 10:15 a.m., I personally served the Defendant at 500 Portage Avenue, Winnipeg, by handing him true copies.”
• “On March 22, 2025, I sent the documents by registered mail to the Defendant at 22 River Road, Brandon, Manitoba, R7A 0A1. Canada Post tracking no. XX123 shows delivery on March 25, 2025. A copy of the receipt and delivery confirmation is attached as Exhibit B.”
• “Pursuant to the Order for Substituted Service dated April 1, 2025, I posted the documents to the door of 45 Lake Street, Thompson, Manitoba, at 6:30 p.m. on April 2, 2025, and emailed PDFs to john.doe@email.com at 6:45 p.m. the same day. A copy of that order is attached as Exhibit C.”

7) Describe identity confirmation, if relevant.

• If you did not know the person, state how you confirmed identity: they confirmed their name; they produced ID; a receptionist identified the officer; their nameplate or badge; they accepted service and confirmed they are authorized to accept for the corporation.
• Keep it short and factual. Do not speculate.

8) Record any unsuccessful attempts, if helpful.

• If you later sought alternate service, list your prior attempts with dates and times to show diligence. If you served successfully on the third attempt, noting earlier attempts strengthens your affidavit if service is challenged.

Example: “I attended 123 Main Street on Feb 10 at 7:00 p.m. and Feb 12 at 8:00 a.m., and there was no answer. I returned on Feb 13 at 6:15 p.m. and served the Defendant.”

9) State who made the service costs (optional if relevant).

• If you will later claim costs of service, mention the amount paid to a courier or process server and attach receipts as exhibits.

10) Include the deponent’s signature and jurat.

• Do not sign until you are with a Commissioner for Oaths or Notary Public. Bring government-issued photo ID.
• The Commissioner will complete the jurat section with the place and date you swore or affirmed, and will sign, print their name, and list their appointment expiry (if a Commissioner).
• If you are outside Manitoba when swearing, ensure the person witnessing your oath has authority where you are. Note the location accurately.

11) Attach exhibits properly.

• Each exhibit should be clearly labeled (A, B, C) in the order you reference them in the affidavit.
• The Commissioner must sign or initial each exhibit page or the exhibit cover page.
• Typical exhibits include: copy of the documents served; registered mail or courier receipts and tracking confirmations; signed acknowledgments; the order permitting alternate service; photos of posted documents if required by the order.

12) Review for accuracy and completeness.

• Names match the court file exactly.
• Addresses, dates, and times are correct.
• The method of service used is permitted for the party you served.
• All referenced exhibits are attached and labeled.
• The affidavit is legible, with no blanks in critical fields.

13) Make copies and file.

• Keep a copy of the sworn Affidavit of Service and all exhibits for your records.
• File the original with the court as directed for your case. If you have a hearing, file well before the hearing so the judge has it on file. If you request a default order, include the filed Affidavit of Service with your application.
• If a rule requires you to serve the affidavit itself on the other party, do so and keep proof.

Practical tips to avoid problems:

• Serve early. If there is a deadline (for example, a minimum number of days before a hearing), give yourself a buffer in case you need a second attempt or alternate method.
• Use full names and precise times. “Around noon” is weaker than “12:05 p.m.”
• Be factual, not argumentative. Stick to what you did, saw, and heard.
• Do not rely on memory alone. Make notes at the time of service and use them when completing the affidavit.
• If the recipient refuses to take the papers but you made them aware of what they are, note that you left the documents within reach after identifying them. Courts often treat that as good personal service if the rules allow.
• For corporations, service at the registered office or on a director or officer is generally safest. If you serve a receptionist or employee, state how they confirmed authority to accept service.
• For mail or courier, choose a service with signature confirmation. Anonymous mailbox delivery is risky. Always include tracking numbers in your affidavit and attach the confirmation.
• If you need alternate service, get a court order first unless the rules allow an alternative in your specific scenario. Follow the order exactly and document each step with time-stamped photos or screenshots where appropriate.

Common mistakes to avoid:

• Signing before you are with a Commissioner or Notary, or letting someone else fill in the jurat later.
• Listing the wrong file number or misspelling a party’s name.
• Failing to attach the document you served as an exhibit when the form or practice expects it.
• Using a method of service that is not allowed for that type of party or document.
• Omitting the exact time and full address of service.

If you complete PC Form 4 carefully and swear it properly, the court can rely on it to move your case forward. When service is clear on the record, hearings proceed on the merits, and default steps—where appropriate—can be granted without delay.

Legal Terms You Might Encounter

• Affidavit. An affidavit is a written statement of facts you swear or affirm are true. On PC Form 4, the affidavit confirms how and when service occurred. The court uses it to decide if the other party received the documents.
• Deponent. The deponent is the person who swears or affirms the affidavit. On this form, the deponent is the server. If you did the service, you are the deponent. If someone else served, that person must sign as the deponent.
• Service. Service means delivering court documents to a person or organization. The method depends on the document and the rules. PC Form 4 records the details of service so the court can accept it as proof.
• Personal service. Personal service means handing documents directly to the person named. For many documents, this is the safest method. If you used personal service, the affidavit should say that you delivered the documents to the person by hand.
• Substituted service. Substituted service is an alternate method the court may allow. It applies when you cannot serve someone personally after reasonable efforts. If you used a different method under a court order, your affidavit must mention the order and what you did.
• Address for service. This is the address where a party agrees to receive documents. If a party listed an address for service, you can deliver documents there as allowed by the rules. Your affidavit should record that address and how you served there.
• Commissioner for Oaths or Notary Public. A commissioner or notary is authorized to take oaths or affirmations. They must witness the deponent sign PC Form 4. They confirm your identity and that you swore or affirmed the contents.
• Oath or affirmation. An oath calls on a higher power; an affirmation is a solemn promise without religious content. Both have the same legal effect. On PC Form 4, you choose one and sign in front of the commissioner or notary.
• Exhibit. An exhibit is a document attached to support your affidavit. For an Affidavit of Service, exhibits might include a copy of what you served or a delivery receipt. Each exhibit should be labeled and referred to in the affidavit.
• Proof of identity. This refers to how you confirm the identity of the person served. You might recognize them from a photo, confirm their name, or rely on their admission. In the affidavit, describe how you knew you served the right person.
• Corporation or business service. Serving a company can be different from serving a person. You may deliver documents to a proper officer or registered address. Your affidavit should name the company and the person or office that accepted service.

FAQs

Do you need to be the one who served the documents to complete PC Form 4?

Yes. The person who actually served the documents must swear or affirm the affidavit. If you hired a process server, they must be the deponent. You cannot complete the affidavit for someone else’s service.

Do you need a commissioner or notary to sign this form?

Yes. A commissioner for oaths or notary public must witness your oath or affirmation. Sign in their presence. Bring valid ID and any exhibits you will attach. Do not sign the affidavit in advance.

Do you have to attach the documents you served as exhibits?

You do not always have to attach them. It is often helpful to attach a copy, cover page, or delivery receipt. If you reference an exhibit, label it clearly. The affidavit should still list each document served by name and date.

Do you serve a corporation differently than a person?

Often, yes. You usually deliver to a proper officer or at a registered office. Some rules allow service on a business’s lawyer if they accept service. On the affidavit, name the business, the person who accepted, and their role.

Do you need a physical description of the person you served?

It helps when serving individuals. Add age range, height, hair, and other features. Note the person’s response when you asked for their name. A short description supports your identification if service is later challenged.

Do you need to use personal service for every document?

No. Some documents allow alternative methods like mail, courier, or email. Use the method allowed for your document. If a court order allowed a special method, refer to the order in your affidavit.

Do you need to include exact time and place?

Yes. Record the date, time, and full address of service. Include the unit number, floor, or business name if relevant. Precise details make the affidavit stronger and easier to verify.

Do you need to file the affidavit, or is keeping it enough?

You usually file it with the court after service. Filing deadlines vary by document. Keep a copy for your records. If a hearing is soon, file promptly so the court sees the proof of service.

Checklist: Before, During, and After the PC Form 4 – Affidavit of Service (Manitoba)

Before signing

• Confirm what documents require service and by what method.
• Write down the court file number and party names exactly as on the documents.
• Record the address or addresses where service may occur.
• Plan how you will identify the person or business served.
• Prepare a log of attempts with dates, times, and outcomes.
• Gather supporting proof, such as:
• Copies of documents served.
• Courier or mail receipts.
• Email or delivery confirmations, if an allowed method.
• Photos of locations or signage, if relevant.
• If a court order allows substituted service, keep a copy.
• Book an appointment with a commissioner or notary.
• Bring government-issued photo ID for commissioning.
• Ensure all dates, names, and addresses are accurate and legible.

During signing

• Verify the deponent’s name and contact info are correct.
• Check the court file number matches the served documents.
• Confirm the list of documents served is complete and specific.
• Ensure the service method matches the rules or any court order.
• Confirm the date, time, and exact service location are included.
• Add how you identified the person or business you served.
• Include the name and role of the person who accepted service for a business.
• Describe any refusal to accept documents and what you did next.
• Review any exhibits and label them clearly in sequence.
• Initial any changes in the margins before swearing or affirming.
• Choose oath or affirmation and sign only in front of the commissioner.
• Ensure the commissioner completes all their sections, stamp, and date.

After signing

• Make a clean copy for filing and a copy for your records.
• File the affidavit with the court registry that handles the case.
• File before any deadline tied to the next step or hearing.
• If required, serve a filed copy on the other parties.
• Keep your service log, photos, and receipts with the file.
• Calendar any follow-up hearing dates tied to the service.
• If the registry flags an issue, correct and re-file promptly.
• Store the original in a safe place if not retained by the court.

Common Mistakes to Avoid PC Form 4 – Affidavit of Service (Manitoba)

• Serving the wrong person or the wrong address. Consequence: The court may reject service, delaying your case. Don’t forget to confirm identity and record how you did it. Include the full address and unit number.
• Using an unallowed service method. Consequence: Service may be declared invalid. Don’t forget to check what the rules or any order allow for that document. Match the affidavit to the method you used.
• Leaving out key details. Consequence: The affidavit may not prove service. Don’t forget date, time, location, method, and what was served. If you served a business, state who accepted and their role.
• Signing without a commissioner or notary. Consequence: The affidavit is not valid. Don’t forget to sign only in front of a commissioner and bring identification. Make sure the commissioner completes their parts.
• Changing facts after commissioning. Consequence: The affidavit becomes unreliable. Don’t forget to finish all edits before you swear or affirm. If you find an error later, prepare a new affidavit.

What to Do After Filling Out the Form PC Form 4 – Affidavit of Service (Manitoba)

1. File the affidavit with the court handling your matter. File as soon as possible after service. Many next steps depend on proof of service being on the record. Confirm with the registry whether they need the original or a copy.
2. Serve copies if required. Some procedures ask you to give a copy to the other party. If so, serve the filed version or a stamped copy. Keep proof that you sent it.
3. Track deadlines. Many timelines start after service. Note the response date for the other party, and the date of any hearing. If the other party fails to respond, your next step may rely on the filed affidavit.
4. Fix mistakes quickly. If you spot an error, do not alter the signed affidavit. Prepare a new affidavit with the correct facts. File the corrected version and withdraw or explain the prior filing if needed.
5. Prepare for challenges. If the other party disputes service, you may need to show more proof. Keep notes, receipts, and photos. Be ready to explain how you confirmed identity and address.
6. Update your file. Store a copy of the filed affidavit, exhibits, and your service log. Keep the commissioner’s details and the date of commissioning. This helps if you need to prove service later.
7. Plan next steps in the case. Once service is proven, follow the procedure for the next stage. That could include waiting for a response, booking a hearing, or seeking orders available when no response is filed.