Form 18B – Affidavit of Service

Jurisdiction: Country: Canada | Province/State: New Brunswick

What is a Form 18B – Affidavit of Service?

Form 18B is a sworn statement that proves you served court documents. It tells the court who you served, what you served, when you served it, and how you did it. It is used in New Brunswick civil and family cases. You file it so the court can accept that service was properly done.

You use Form 18B after you complete service. It is not the document you serve on the other party. It is the proof you file with the court after service. Without it, many steps in your case cannot move forward. Courts rely on it to confirm that the other party received notice.

Who typically uses this form?

Self‑represented litigants, process servers, legal assistants, and lawyers use it regularly. Landlords and tenants may use it when a court file is involved. Business owners use it when starting or defending a civil claim. People in family cases use it to show that a spouse or parent was served.

You need this form when the rules require proof of service. You attach it to your request for default judgment. You file it before a motion or application is heard. You use it when a judge needs to see that the other side had notice. You also use it to confirm compliance with service deadlines.

Typical usage scenarios

You file a Notice of Action and a Statement of Claim. You then personally serve the defendant. You complete Form 18B and swear it before a commissioner of oaths. You file the affidavit with the court to prove service. If the defendant does not respond, you use the affidavit to seek default judgment.

Here is another example. You bring a motion for interim relief. You serve the motion record on the other party by courier. You attach the courier delivery confirmation to the affidavit as an exhibit. You file the affidavit to show the court you met the service timeline.

In family matters, you might serve a Notice of Application and affidavits. You complete Form 18B to set out the details. The court will not hear your application unless service is proven. In corporate disputes, you may serve a corporation at its registered office. You record who accepted service and their role. Your affidavit confirms that the service method fits the rules.

In short, Form 18B is the court’s record of how service happened. It closes the loop between “I sent it” and “the court accepts that I sent it.”

When Would You Use a Form 18B – Affidavit of Service?

Use Form 18B each time you need to prove service in a New Brunswick court case. You will need it after serving originating documents like a Notice of Action, Statement of Claim, or Notice of Application. You will also need it for motion materials, subpoenas, affidavits, and other filings that must be served.

If you are a plaintiff or applicant, you will likely file several affidavits of service over the life of a case. Early on, you use it to prove the service of the originating documents. Later, you use it to prove service of motions and supporting materials. If you seek default judgment, you must file an affidavit of service for the originating documents. If you seek any urgent order, you must show when and how the other party was served.

If you are a defendant or respondent, you may also use it. For example, you might serve a motion to extend time or to dismiss. You file Form 18B to show you served the other side. If you serve a subpoena on a witness, you file an affidavit of service to prove the subpoena was delivered.

Process servers use Form 18B every day. They swear to the details of personal service. They record dates, times, and addresses. They describe how they confirmed identity. They attach delivery receipts for mail or courier services. If they serve a corporation, they record the person’s name and position who accepted service.

Landlords and tenants may need it when a dispute goes to court rather than a tribunal. A landlord suing for arrears files an affidavit to prove service of pleadings. A tenant resisting a claim files one to prove service of a response or motion.

Business owners use Form 18B when suing or defending a civil claim. If your company is served, your lawyer or staff will serve your response and file an affidavit of service. If you serve a corporation, you record whether you left documents at the registered office or served a director or officer.

In family cases, service can be sensitive. You may need to serve a spouse personally for certain applications. You file Form 18B to show you followed the rules. If a judge ordered substituted service, you use the form to confirm you carried out the order. For example, you served by email and posted a notice, as directed. You attach proof as exhibits.

You also use this form for service on government bodies. You record the office served, the date, and the method. You identify the person who accepted service. You attach proof, such as a stamped receipt.

Think of it this way. If the rules or a judge require service, you will almost always need a Form 18B. You file it promptly after service. It becomes part of the court record and allows your case to proceed.

Legal Characteristics of the Form 18B – Affidavit of Service

Form 18B is an affidavit. It is a sworn or affirmed statement of facts. It is legally binding because you swear to its truth before a commissioner of oaths or a notary public. False statements can lead to penalties, including contempt or perjury charges. That is why accuracy and detail matter.

The affidavit’s enforceability rests on several factors. First, the form must be properly completed. It must identify the case, the parties, and the file number. It must list each document served. It must state the date, time, place, and method of service. It must name the person served and explain how identity was confirmed. It should set out the position of the person who accepted service for a corporation. It should refer to any court order that authorized alternative service.

Second, the affidavit must be properly sworn or affirmed. You must sign it in front of a commissioner of oaths or a notary public. The commissioner completes the jurat. The jurat records the date, place, and form of oath or affirmation. Without a proper jurat, the affidavit has no evidentiary value.

Third, you should attach proof of service as exhibits when relevant. Attach a courier delivery confirmation. Attach a registered mail receipt. Attach an email transmission record and consent to electronic service. Attach a fax confirmation page. Attach a copy of a judge’s order that allowed substituted service. Each exhibit should be marked with a letter and referred to in the affidavit.

Courts rely on sworn affidavits to make procedural decisions. The judge will assess whether the service met the rules and timelines. Your affidavit helps the court make that decision quickly. If the court finds service was defective, it may set aside steps taken. It may refuse a default judgment. It may adjourn a hearing. That risk shows why good affidavits of service are essential.

There are general legal considerations to keep in mind. Some documents require personal service for an individual. That means leaving the document with the person named. Some documents can be served by ordinary service, such as leaving it with a lawyer or sending it by mail. Corporations can often be served at the registered office or by a director or officer. Government agencies may have special service requirements. Minors and people under disability may require the services of a guardian. Follow the rules that apply to your case type.

Electronic service is more common, but it often requires consent or a court order. If you serve by email or fax, explain why this method was permitted. Attach proof of consent or the court order. Include transmission records. Electronic service without consent or authority can be challenged.

Finally, the affidavit should be honest about any problems with service. If the name on the mailbox was different, say so. If the person refused their last name, describe them. If the office is closed and you left it with reception, record the details. Transparency helps the court assess reliability.

How to Fill Out a Form 18B – Affidavit of Service

Follow these steps to complete and file Form 18B in New Brunswick. Prepare the form right after you serve the documents. Fresh memory leads to accurate detail.

1) Gather the case details

• Have the court file number, the court location, and the full style of cause.
• Confirm the exact names of all parties as they appear on the pleadings.

2) Identify the deponent

• The deponent is the person who served the documents.
• If you hired a process server, they are the deponent.
• If you served the documents yourself, you are the deponent.
• You will need your full name, address, and occupation.

3) List the documents served

• Write the exact title of each document served.
• Use the full names, like “Notice of Action,” “Statement of Claim,” or “Notice of Application.”
• If you served a motion, list the notice and each supporting document.
• If you served an amended document, state that it was amended.

4) State the date, time, and place of service

• Record the calendar date and the exact time of service.
• Give the full civic address, including unit number if any.
• If the service was at a residence, note “residence of [name],” if known.
• If the service was at a business, name the business.

5) Identify the person or entity served

• For an individual, record their full name.
• Explain how you confirmed identity. For example, “The person confirmed they are John Smith.”
• If they refused to give their name, describe them and how you knew it was them.
• For a corporation, name the corporation and the person who accepted service.
• Record the person’s title or role, such as “director,” “manager,” or “receptionist.”
• If served at a registered office, say so.

6) Describe the method of service

• If personal service, state that you handed the documents to the person.
• If ordinary service, explain the method, such as leaving it with a lawyer’s office.
• If by courier or mail, state the service used and tracking number.
• If by email or fax, include the address or number used.
• If the service was under a court order for substituted service, say so and describe the steps taken.

7) Attach and label exhibits when relevant

• Attach delivery confirmations, mail receipts, or transmission records.
• Attach any court order that authorized alternative service.
• Mark each attachment as an exhibit with a letter (A, B, C).
• Refer to each exhibit in the body of the affidavit.
• Initial each exhibit and ensure the commissioner marks them as exhibits.

8) Include any necessary descriptions

• If the person would not confirm their name, provide a physical description.
• Note approximate age, gender presentation, height, and distinct features.
• Describe clothing if helpful.
• Record any statements they made that confirmed identity.

9) Address special service scenarios

• If serving a corporation, record the person’s role and the office address.
• If serving a lawyer, give the lawyer’s name, firm, and address.
• If serving a government office, identify the exact office and counter.
• If serving a minor or a person under disability, state the guardian served.
• If serving multiple people, prepare separate affidavits for clarity.

10) Complete the jurat

• Do not sign the affidavit until you are with a commissioner of oaths or a notary public.
• Bring government photo ID to the appointment.
• Sign the affidavit in front of the commissioner.
• The commissioner will complete the jurat with the date, place, and their appointment details.
• Confirm whether you are swearing an oath or making an affirmation.

11) Review for accuracy and completeness

• Check names, dates, times, addresses, and document titles.
• Ensure the method of service is clear.
• Confirm all exhibits are attached and labeled.
• Make sure there are no blanks or stray notes.

12) File and serve the affidavit if required

• File the original sworn affidavit with the court.
• Keep a copy for your records.
• If a rule or order requires, serve a copy on the other party.
• File it before the hearing or before requesting a default judgment.

13) Keep organized records

• Keep copies of all documents served.
• Keep notes of any service attempts that failed.
• Keep tracking pages and receipts with the file.

Below are detailed notes for key sections that often raise questions.

Parties and case caption

Use the exact party names as shown on your pleadings. “Plaintiff” and “Defendant” or “Applicant” and “Respondent” should match the case. Include the court location and the file number. If you do not have a file number yet, note “no file number assigned” if permitted, and update later. Accuracy here prevents filing issues.

If there are multiple defendants, name the one you served in this affidavit. If you served more than one person at the same time, use one affidavit per person. Separate affidavits make it clear who was served and when.

Documents and clauses

List documents precisely. Avoid “various papers” or “the package.” Use the formal names. If a document includes schedules or exhibits, note that you delivered the full document with its attachments. For example, “I served the Notice of Application with supporting affidavit and Financial Statement attached.”

If the service was under a court order allowing alternative service, set out the key terms of that order. Quote only the necessary parts. Identify the date of the order and the file in which it was made. Attach the order as an exhibit and refer to it in the affidavit. This shows that your method fits the court’s direction.

Method of service details

Personal service on an individual means handing the document to them. Say you did so and how you confirmed identity. If they refused to take the document, you can state that you left it at their feet after telling them what it was. Describe the exchange factually.

Service on a corporation can be done by leaving it with a person who appears to be in control of the business or at the registered office. Record the person’s name and position if possible. If you served a director or officer, write their name and role. If the front desk accepted the documents, record the receptionist’s name.

Service on a lawyer means you left the document at their office or served them by accepted methods. Record the lawyer’s name and firm. State whether a clerk or receptionist accepted service.

If you used a courier, include the tracking number and delivery date from the confirmation. Attach the confirmation as an exhibit. If you used registered mail, attach the signed receipt or delivery record.

If you used email or fax, confirm that the recipient consented to electronic service or that a rule or order allows it. Attach the email headers, sent message, and any delivery or read receipts. For fax, attach the confirmation page.

Signatures and the jurat

You must sign the affidavit before a commissioner of oaths or a notary public. Do not sign in advance. The commissioner will verify your identity and watch you sign. They complete the jurat, which includes:

• The place in New Brunswick where you swore or affirmed.
• The date you swore or affirmed.
• The commissioner’s name and capacity.

If you make an affirmation rather than an oath, the jurat will reflect that. Both have equal legal effect. Use the option that fits your beliefs.

Initial each page of the affidavit and each exhibit as directed by the commissioner. Ensure the exhibit pages are clearly marked with letters and captions. The commissioner may stamp or sign each exhibit page. Keep the package tidy and legible.

Schedules and exhibits

Some service methods produce proof documents. Treat them as exhibits. Label them A, B, C, and so on. Refer to each exhibit in the affidavit text. For example, “Attached as Exhibit ‘A’ is a copy of the courier delivery confirmation showing delivery on May 3, at 10:14 a.m.”

Common exhibits include:

• Courier or mail delivery confirmations.
• Email printouts and header details.
• Fax confirmation pages.
• A copy of any court order permitting substituted service.
• Photos of the mailbox or door were ordered when posting.
• A business card from the person who accepted service.

Exhibits should be readable and complete. Do not include irrelevant pages. Redact personal information that is not needed, if appropriate.

Practical tips and common pitfalls

Be precise with times and dates. If a deadline required service by a certain day, your affidavit should make that clear. Use the same time zone and format throughout. Avoid vague phrases like “around noon.” Use 12:05 p.m. or 12:10 p.m.

Spell names correctly. If you did not get a last name, write what you heard and explain the context. Describe distinguishing features. Avoid assumptions. Do not guess ages. Say “appeared to be” if you must estimate.

If multiple attempts were needed, mention them briefly if relevant. For example, “I attempted service on April 30 and May 1. I completed service on May 2.” If you seek an order for substituted service, a separate affidavit of attempted service may be helpful. Keep Form 18B focused on the successful service event.

Do not include argument or opinion. Stick to facts you saw or did. The affidavit’s job is proof, not persuasion. If you need to discuss why service should be accepted as good, do that in a separate affidavit or brief, as required.

File the affidavit promptly. Courts and opposing parties need to see timely proof. If you realize you made an error after filing, file a corrected affidavit as soon as possible. Do not alter a sworn affidavit. Prepare a new one and swear it.

By following these steps, you create reliable proof of service. A clear, complete Form 18B keeps your case on track. It shows respect for process and reduces the risk of delay.

Legal Terms You Might Encounter

• Affidavit of Service means a sworn or affirmed statement that proves delivery of court documents. Form 18B is the specific form you complete to record who was served, when, where, and how. The court relies on this affidavit to confirm proper notice before moving a case forward.
• Deponent (also called Affiant) is the person who swears or affirms the affidavit. For Form 18B, the deponent is the individual who actually carried out the service. If you did not do the serving yourself, the server must be the deponent.
• Jurat is the block at the end of the affidavit where the commissioner for oaths, notary public, or justice of the peace confirms you swore or affirmed the contents. It includes the date, location, and the officer’s signature and details. Your signature and the jurat must be completed at the same time.
• Commissioner for Oaths or Notary Public refers to the official who can administer your oath or affirmation. You must sign Form 18B in front of this person. Bring identification and do not sign before you meet with them.
• Personal Service means handing the documents directly to the person or to a person authorized by the rules to accept them. If you used personal service, Form 18B must describe the exact delivery, including time, place, and how you identified the recipient. A brief physical description of the person served can help confirm identity.
• Substituted (or Alternative) Service is a court‑authorized method when standard service is not possible. If a court allowed you to serve by posting, email, or another method, Form 18B should reference that order and explain precisely what you did. Attach the order as an exhibit if the form requires it.
• Ordinary Service usually covers documents that can be delivered by mail, courier, or other permitted methods after the first document starts the case. If you used ordinary service, Form 18B should match the permitted method and include details like tracking numbers, addresses, and delivery confirmations where available.
• Exhibit is a document attached to the affidavit and marked with a letter (for example, Exhibit “A”). With Form 18B, common exhibits include a copy of the document served, a courier receipt, or a delivery confirmation. The commissioner must complete an exhibit stamp or statement for each exhibit.
• Court File Number (or Docket Number) is the unique number assigned to your case. You include it at the top of Form 18B so the court can match your affidavit to the right file. Use the exact number on all pages to avoid misfiling.
• Proof of Service means the evidence showing that service happened as required. Form 18B is your formal proof. Supporting items—like registered mail slips, delivery photos, or tracking printouts—strengthen your proof when they are attached as exhibits or clearly described in the affidavit.

FAQs

Do you need to be the person who served the documents to sign Form 18B?

Yes. The person who performed the service must complete and swear or affirm the affidavit. If you hired a process server, that person signs Form 18B. If a sheriff or bailiff served for you, they typically provide their own proof of service document.

Do you have to attach the document you served to the affidavit?

Form 18B often allows or expects you to attach a copy as an exhibit. Even if not strictly required, attaching a copy helps remove doubt about what you served. If you do not attach it, describe the document by its exact title and date so the court can identify it clearly.

Do you have to serve in person to complete Form 18B?

Not always. Service methods depend on the document type and the rules that apply. If you used mail, courier, or another allowed method, your affidavit should describe that method in detail. Include tracking numbers or confirmations as exhibits when available.

Do you need a commissioner for oaths or a notary to complete Form 18B?

Yes. You must sign the affidavit in front of a commissioner for oaths, notary public, or justice of the peace. Bring valid identification. Do not sign the affidavit before meeting them. Remote commissioning may be available; ask the commissioner about their process.

Do you file one affidavit for each person served?

Yes. File a separate affidavit for each person or entity served unless the form clearly lets you list multiple recipients in a single affidavit. Separate affidavits avoid confusion and make the proof of service clean for each party.

Do you need to serve a copy of the affidavit of service on the other side?

Not always. The main purpose of Form 18B is to file proof of service with the court. Some steps may require providing a copy to other parties. If you do send it, include only what is necessary and keep originals in your file.

Do you need to describe how you identified the person you served?

Yes. State how you confirmed identity, such as the person told you their name, matched a photo, or answered confirming questions. If someone else accepted service (for example, at a workplace), explain who they were and why they could accept the documents.

Do you need to file Form 18B right away after service?

File promptly. Courts often cannot proceed until proof of service is on the record. Delays can affect hearings, deadlines, or default steps. File as soon as you commission the affidavit and assemble any exhibits.

Checklist: Before, During, and After the Form 18B – Affidavit of Service

Before signing

• Court file number and court location.
• Exact names of all parties, matching the originating document.
• Title of the document served and the date on that document.
• Date and exact time of service.
• Full address where service occurred, including unit or suite.
• Method of service used (personal, courier, registered mail, email if permitted, or as ordered).
• For personal service: brief description of the person served and how you confirmed identity.
• For courier/mail: tracking number, delivery confirmation, and receipt.
• For email or alternative service: written consent or a court order allowing that method.
• Name and role of the person who accepted service, if not the named party.
• Any relevant photographs or notes from the service event.
• Copy of the document served, ready to mark as an exhibit.
• Identification for commissioning (government photo ID).
• Contact details of a commissioner for oaths, notary public, or justice of the peace.
• A clean copy of Form 18B (printed clearly or ready for completion).

During signing

• Confirm the court file number matches the main case.
• Verify the names of parties and their spelling.
• Ensure the service date and time are accurate and consistent across the form.
• Check the service address and method entries for precision.
• Describe the person served and how you identified them, if personal service.
• If someone accepted on behalf of another, state who and why they could accept.
• For courier or mail, write the tracking number and delivery date exactly as shown.
• Attach exhibits and label them in order (Exhibit “A,” “B,” etc.).
• Ask the commissioner to complete an exhibit statement for each attachment.
• Do not sign until the commissioner instructs you to sign.
• Make sure the jurat includes the place and date, the commissioner’s signature and printed name, and their office.
• Initial any minor handwritten corrections in front of the commissioner.
• Leave no blanks. Write “N/A” where something does not apply.

After signing

• Make a clean copy set: the sworn Form 18B and all exhibits.
• File the affidavit with the correct court registry for your case.
• Confirm the court accepted the filing, and the document appears in the file.
• If needed, provide a copy to the other parties and keep a record of that delivery.
• Store the original or a certified copy securely with your case file.
• Update your calendar with any upcoming deadlines or hearings that depend on proof of service.
• Bring a copy of the filed affidavit to any related court appearance.

Common Mistakes to Avoid Form 18B – Affidavit of Service

• Signing before a commissioner sees you

Don’t sign at home and bring it in later. Consequence: the court can reject the affidavit and delay your step.

• Vague or missing service details

Don’t skip the address, time, or description of how you identified the person. Consequence: the court may doubt service and refuse to proceed.

• Using an ineligible server

Don’t have a party to the case, do the serving if rules prohibit it. Consequence: service may be invalid and you may need to re‑serve and re‑file.

• Not attaching available proof for mail or courier

Don’t forget tracking pages or delivery receipts. Consequence: your affidavit may be questioned, leading to adjournments or repeated steps.

• Altering a commissioned affidavit

Don’t add or change anything after commissioning. Consequence: the affidavit becomes unreliable; you will need a new affidavit.

What to Do After Filling Out the Form 18B – Affidavit of Service

1. File the affidavit with the court handling your case. File it promptly so the court can recognize that service is complete. Include all exhibits you attached when you swore the affidavit. Keep your filing receipt or confirmation.
2. Check the court file to confirm acceptance. If the registry flags an issue, prepare a corrected affidavit rather than trying to fix the original. Never write on or amend a commissioned affidavit. If you discover an error, complete and commission a new Form 18B.
3. Serve a copy of the filed affidavit on other parties if a step requires it. Keep a record of sending that copy. Mark your file so you can find the exact affidavit quickly for hearings or motions.
4. Plan the next procedural steps that rely on proof of service. Examples include calculating response deadlines, booking a hearing, or seeking a default step. Track these dates from the service date stated in your affidavit, not the filing date.
5. If the service turns out to be incomplete or incorrect, re‑serve and prepare a fresh Form 18B. If you used a special method under a court order, keep a copy of that order with your affidavit. If the other side challenges service, bring your original exhibits and notes to court to support your affidavit.
6. When you need to update details that were unknown at the time of service, prepare a supplementary affidavit. Keep it separate, clearly dated, and commissioned. File it to add clarity rather than rewriting the original affidavit.
7. Finally, store your commissioned affidavit and all exhibits in a secure, organized file. Label them with the court file number and date of service. Quick access prevents last‑minute scrambling before a hearing.