CPR Form 31.05 – Affidavit of Service

Jurisdiction: Country: Canada | Province or State: Nova Scotia

What is a CPR Form 31.05 – Affidavit of Service?

CPR Form 31.05 is the standard affidavit you use to prove service of court documents in the Supreme Court of Nova Scotia. It is a sworn or affirmed statement from the person who served the documents. It sets out who was served, what was served, when, where, and how service happened. You attach copies of what you served and, when needed, proof that delivery occurred.

This form sits within the court’s service rules. It is the usual way to show the court that you completed service correctly. The court relies on it to move your case forward. Without it, a motion may not be heard, and a default application may be refused.

Who typically uses this form?

Lawyers, legal assistants, and process servers use it often. Self-represented litigants use it when they serve documents themselves or arrange service. Sheriffs and professional servers use it to confirm personal service or alternate service. If you are managing your own case, you will likely use this form more than once.

You need this form any time the court or the rules require proof that documents reached the right person. That includes service of an originating document, a notice of motion, an affidavit, a subpoena, or an order. If you served a party’s lawyer, this form confirms that. If you served a corporation or a government office, this form records the legal method used.

Typical usage scenarios

You served a Statement of Claim on the defendant by personal service. You delivered a Notice of Motion and supporting affidavit by email to the other side’s lawyer, who consented to email service. You sent a document by courier to a party’s last known address and have the delivery record. You completed service under a substitutional service order, such as by posting and emailing, and you need to verify each required step. In all these cases, you file Form 31.05 to prove proper service.

When Would You Use a CPR Form 31.05 – Affidavit of Service?

You use Form 31.05 soon after you serve any court document that requires proof of service. You will file it before a hearing or application that depends on that service. You also file it with an application for default if the other party did not respond.

If you are a plaintiff or applicant, you use it after serving your originating document. The court will not issue a default judgment without proof that the defendant was served correctly. If you are a defendant or respondent, you may use it after serving a motion, cross-application, or evidence on the other side.

If you are a landlord suing for possession in the Supreme Court, you use it after serving the claim and motion materials. If you are a tenant defending, you may use it after serving your motion to set aside an order. If you are a business owner suing another company, you use it to confirm service on the corporation’s proper recipient. If you are an executor, you use it after serving notices required in an estate application handled in the Supreme Court.

Process servers use it whenever they complete personal service. They record how they identified the person and where the service took place. Legal assistants use it when they send documents by courier or email with consent. They attach the transmission or delivery record. Self-represented litigants use it when they serve documents themselves. For example, you may have handed a motion record to the other party at their home, or you may have delivered it to their lawyer.

You also use Form 31.05 to prove compliance with a court order for substituted service. For example, you might have to post documents on a door, mail a copy, and email a PDF. You would describe each step in the affidavit and attach photos and receipts. The affidavit shows the judge you followed the order exactly.

Service on special entities also calls for this form. If you served the Attorney General, a municipality, or a regulatory body, you show how you met the rule for that recipient. If you served outside Nova Scotia, you set out the details of where and how you completed service. In short, you use the form whenever you need reliable, admissible proof that service was done right.

Legal Characteristics of the CPR Form 31.05 – Affidavit of Service

An affidavit of service is evidence. It is sworn or affirmed under oath. It becomes part of the court record once filed. Courts rely on it to decide if the service was valid. That is why accuracy and detail matter. If the affidavit is incomplete or wrong, the court may find service invalid.

The form is legally binding because it is an affidavit. The deponent swears or affirms that the contents are true. A false statement can expose the deponent to penalties for perjury. The jurat (the certification by the commissioner) shows the oath or affirmation was properly administered. That formal step gives the document its evidentiary weight.

Enforceability rests on two pillars. First, the service must comply with the service rules or a court order. Second, the affidavit must be properly sworn before an authorized person. This person is typically a lawyer, notary public, or commissioner of oaths for Nova Scotia. The jurat must include the place and date, and it must be signed by both the deponent and the commissioner. If any of these elements are missing, the court can reject the affidavit.

The contents of the affidavit must show facts, not conclusions. You say exactly what you did and how you identified the person served. You avoid phrases like “I believe service was adequate.” Instead, you state, “I handed a copy of the Notice of Motion to John Smith at 123 Main Street, Halifax, at 2:15 p.m. on May 10, 2025.” If the person refused to take the document, you describe how you left it in their presence and told them what it was.

For service on a lawyer, you confirm the recipient is counsel of record. For a corporation, you state you served as an officer, director, or at the registered office, as the rules allow. For courier or mail, you attach the delivery record. For electronic service, you confirm consent or authority for that method and attach the transmission record. For substituted service, you attach a copy of the court order and proof that you followed each term.

Timing is a legal consideration as well. Some documents must be served a set number of days before a hearing. Service is complete on different dates depending on the method. Your affidavit should show dates clearly so the court can assess compliance. If a time limit depends on “deemed service,” explain the method used and attach supporting proof so the court can apply the rule.

Another legal point is personal knowledge. The deponent must have first-hand knowledge of the service. The person who actually served must swear the affidavit. A lawyer or assistant who did not serve should not swear the affidavit of service. If a courier delivered the document, the person who arranged the shipment can swear, but they must attach the courier record showing delivery.

Finally, ensure the affidavit matches the case style and file number. The court links your proof of service to the right proceeding. Any mismatch can delay filings or hearings. Precision avoids adjournments and extra costs.

How to Fill Out a CPR Form 31.05 – Affidavit of Service

Follow these steps. Keep your sentences plain and factual. Attach clear exhibits.

1) Complete the court header

• Insert the court name: Supreme Court of Nova Scotia.
• Insert the judicial centre that holds the file.
• Insert the court file number exactly as assigned.
• Use the full style of cause. List all parties as shown on the originating document.
• Check spelling and party order. They must match the court file.

2) Identify the deponent

• Enter your full name and residential or business address.
• State your occupation (for example, process server, legal assistant, or self-represented party).
• Confirm you are the person who carried out the service. If not, stop. The actual server must swear this form.

3) Describe what you served

• List each document by exact title and date. For example, Statement of Claim dated April 30, 2025, or Notice of Motion returnable June 15, 2025.
• If an order required the service of specific materials, name them.
• Attach a true copy of each document as an exhibit. Mark them A, B, C, and so on.

4) Identify whom you served

• Name the recipient. Use full legal names. For a person, write their full name. For a corporation, write the corporate name.
• If you served a lawyer, state the lawyer’s name and firm and identify them as counsel for [party].
• If you served a corporation through an officer or director, name the individual and their role.
• If you served a registered office or agent, say that.

5) State the method of service

• Describe how you served. Examples: personal delivery; leaving with an adult at the residence; courier; registered mail; email with consent; fax; or as directed in a court order.
• Use specific language. For example, “I personally handed the documents to John Smith.” Or, “I sent the documents by courier to ABC Ltd.’s registered office.”
• If service followed a court order for substituted service, cite the date of that order and attach it as an exhibit.

6) Provide date, time, and place

• State the exact date and time of service.
• State the exact address and, if relevant, the unit number or floor.
• If the address is a business, name it. For example, “at ABC Ltd., 500 Granville Street, Suite 800.”

7) Explain identification

• For personal service, say how you confirmed identity. Examples: the person confirmed their name; they showed ID; the receptionist identified them; you recognized them from a photo; or you verified a description from counsel.
• If the person refused their name, describe the exchange and why you knew it was them. Be factual.

8) Provide delivery proof for non-personal methods

• For courier or registered mail, attach the delivery confirmation or tracking page showing date, time, and recipient. Mark it as an exhibit.
• For email, attach the sent email with headers and any delivery or read receipt. Confirm written consent or rule authority for email service and attach that consent if available.
• For fax, attach the transmission confirmation report and confirm the fax number used.
• For posting or publication under a court order, attach photos, logs, and copies of the publication.

9) Confirm the completeness of service

• If you served multiple parties or multiple addresses, cover each event in its own paragraph.
• If the order required more than one step (for example, posting and mailing), confirm each step with dates and exhibits.
• If you served a lawyer instead of the party, state that the lawyer is counsel of record for that party.

10) Add any relevant context required by the rules or an order

• If the rules require service within a certain time, you can state that service occurred by that deadline.
• If service occurred outside Nova Scotia, state the jurisdiction and method used.
• If the other party avoided service, state facts that show reasonable efforts and the lawful method used.

11) Prepare and label exhibits

• Attach a copy of each document served as Exhibit A, B, C, etc.
• Attach delivery or transmission records as later exhibits.
• Each exhibit should have a brief exhibit stamp or cover page. It should identify the exhibit letter and the proceeding.
• Refer to each exhibit in the body of your affidavit using its letter.

12) Review for clarity and consistency

• Check names, dates, and addresses for accuracy.
• Ensure each method of service is authorized. If it relies on consent, ensure you have it in writing.
• Ensure your paragraphs are factual and in chronological order.
• Remove opinions, arguments, and hearsay. Stick to what you did and saw.

13) Swear or affirm the affidavit

• Take the completed form and attachments to a person authorized to administer oaths in Nova Scotia. This includes a lawyer, notary public, or commissioner of oaths.
• Bring government-issued ID. The commissioner will verify your identity.
• Decide whether to swear (oath) or affirm (solemn affirmation). Both have the same legal effect.
• Sign in the commissioner’s presence. Do not sign before you attend.
• The commissioner will complete the jurat. It will show the place and date, your signature, their signature, and capacity.

14) File the affidavit

• File the signed original at the Supreme Court of Nova Scotia registry for your judicial centre.
• File as soon as possible after service. File it before any hearing that relies on the service.
• Keep a copy for your file. Serve a copy on other parties if a rule or order requires it.

15) Common scenarios and how to complete them

• Personal service on an individual: State that you handed the documents to the person. Provide date, time, and location. Describe identification. Attach the served documents as Exhibit A.
• Service on a corporation: State that you served an officer, director, or the registered office. Name the person or office. Attach delivery proof if by courier or registered mail.
• Service on a lawyer of record: State that you delivered to the lawyer, by what method, and on what date. Attach any transmission or delivery record.
• Courier service to a residence: Attach the courier tracking and signature record. If there is no signature, attach the delivery scan and any notice left details.
• Email service with consent: State that the other side consented to email service. Attach the written consent. Attach the sent email and any read receipt.
• Substituted service: Cite the order and attach it. Describe each required step. Attach photos, mail receipts, and any other proof.

16) Avoid common mistakes

• Do not use vague phrases like “around noon” if you can provide a precise time.
• Do not omit the address. The court needs to know where service occurred.
• Do not forget exhibits. If you mention a document or delivery record, attach it.
• Do not have someone else swear the affidavit if they did not serve.
• Do not sign the affidavit before meeting the commissioner.

17) Practical drafting tips

• Use short, numbered paragraphs. Each fact should stand on its own.
• Use full dates (for example, May 10, 2025).
• Use the same document titles throughout to avoid confusion.
• If you served multiple documents at once, list them together and attach them in order.
• If you served on different dates, split the description into separate paragraphs and exhibits.

18) After filing

• Note the filing date in your file. Track any response deadlines that run from the service.
• Bring a copy of the filed affidavit to your hearing. Judges will often ask to see it.
• If service is challenged, be ready to testify to the facts in the affidavit. Keep your notes from the service event.

Real-world example: You, as a process server, personally serve a defendant. You go to the address at 6:30 p.m., confirm the person’s name, and hand them the Statement of Claim and Notice to Defendant. They refuse to accept the documents. You place them at their feet and tell them what they are. In the affidavit, you state each step and the time and place. You attach the documents as Exhibit A. You swear the affidavit before a commissioner and file it. The court now has proof of service.

Another example: You serve a motion record on the other side’s lawyer by email. The lawyer agreed to email service. You sent the PDF at 9:12 a.m. You get an auto-reply and a read receipt. In the affidavit, you state the consent, the email address used, and the date and time sent. You attach the consent and the email as exhibits. You swear and file the affidavit before the hearing. The judge can proceed with confidence that the other side was served.

One more example: You have a substitutional service order that requires posting on the door and mailing a copy. You take timestamped photos of the posting. You mail the copy the same day by registered mail. In the affidavit, you refer to the order, attach it, and describe both steps. You attach the photos and the mail receipt. You swear and file the affidavit. Your default motion can now proceed.

Completing CPR Form 31.05 is about careful detail. Say what you did, when, where, and how. Attach proof. Swear before the right person. File promptly. If you follow these steps, your proof of service will be clear, reliable, and ready for the court.

Legal Terms You Might Encounter

• Affidavit means a written statement of facts that you swear or affirm are true. On this form, you confirm the facts of how, when, where, and to whom you served a document.
• Deponent is the person who swears or affirms the affidavit. If you served the document, you are the deponent for this form.
• Jurat is the block at the end of the affidavit that records when and where you swore or affirmed it, and before whom. The jurat is completed by the person authorized to take your oath or affirmation and includes their signature and details.
• Service is the act of delivering court documents to a person or entity in a way the Civil Procedure Rules allow. The affidavit proves that service happened in the required way.
• Personal service means handing the document directly to the person named or, for some entities, to an authorized representative. If you used personal service, you explain the steps you took to identify the person and deliver the document.
• Substituted service (also called alternative service) is service completed in a different way than usual because the court allowed it. If the court gave permission to, for example, post, email, or leave the document with someone else, you describe exactly what you did under that order.
• Acceptance of service occurs when a party’s lawyer or the party formally agrees to accept the document on their behalf. If that happened, name who accepted service and how you confirmed their authority.
• Exhibit is a document you attach to your affidavit to support what you say, such as a copy of the served document, an email confirming acceptance, or a delivery receipt. Each exhibit needs a label that ties it to your affidavit.
• Commissioner for oaths or a notary public is a person authorized to administer oaths or affirmations and witness your signature. You must sign this affidavit in front of one of these authorized officials, who then completes the jurat.
• Process server is a person who serves documents for you. If a process server made service, that person—not you—must complete and swear the affidavit as the deponent because they have personal knowledge of the service.
• Party means a plaintiff, defendant, applicant, respondent, or other person named in the court proceeding. The form asks you to use each party’s exact legal name to avoid confusion about who was served.
• Counsel means a lawyer representing a party. If counsel accepted service or you served counsel under the Rules or an order, you must record their name, law office, and how you confirmed their role.

FAQs

Do you have to be the one who served the document to complete this affidavit?

Yes. The person who actually served the document must swear or affirm the affidavit because they have first-hand knowledge. If a colleague, process server, or courier made the delivery, that person must be the deponent. If you did not personally serve the document, you cannot swear this affidavit based on what someone told you.

Do you need to attach the document you served as an exhibit?

Attach a copy when it helps identify exactly what was served, especially if there are multiple versions or attachments. If the service was by email or courier, consider attaching the delivery confirmation or email thread as exhibits. Label each exhibit clearly. If the document contains sensitive information, attach only what is necessary to prove service.

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

Yes. You must sign the affidavit in front of an authorized person who administers the oath or affirmation and completes the jurat. Do not sign in advance. Bring ID and any exhibits so the authorized person can confirm what you are swearing to. Without the jurat, the court will not accept the affidavit.

Do you have to list the time of service, or is the date enough?

List both the date and the exact time of service. Time can affect deadlines and the validity of service. If you do not remember the precise minute, record a reasonable approximation and say “about” or “approximately.” Be consistent with any delivery records you attach.

Do you need a separate affidavit for each person served?

Usually, yes. Prepare a separate affidavit for each individual or entity served so the court has a clear record for each one. If you served multiple people at the same time and place, separate affidavits still keep the proof clean and reduce confusion, especially when different deadlines apply.

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

Yes, if you used personal service. State how you confirmed the person’s identity, such as by asking their name, checking ID, recognizing them from a photo, or confirming with staff in a reception area. If you served a business, explain how you confirmed the recipient had authority to accept service.

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

File it in the court file for your proceeding unless a judge or the Rules say otherwise. Filing creates an official record that the service happened. Keep a copy for your records. If you do not file it, the court may find that service is not proven, which can delay your matter.

Do you need to swear a new affidavit if you made a mistake after signing?

You cannot change a sworn affidavit by editing it. If you spot an error, prepare and swear a new or supplemental affidavit that corrects the mistake. File the corrected version and, if needed, explain that it replaces or adds to the earlier affidavit.

Checklist: Before, During, and After the CPR Form 31.05 – Affidavit of Service

Before signing

• The document served: Final version with attachments or schedules, if any.
• Names and roles of all parties: Exact legal names as they appear in the court file.
• Court file number and style of cause: Match the court file exactly.
• Method of service used: Personal, mail, courier, email, acceptance by counsel, or as ordered.
• Date and exact time of service: Note in 24-hour format if possible.
• Place of service: Full civic address, including unit, level, or reception details.
• Identity confirmation details: How you knew you served the right person or an authorized representative.
• For email or electronic service: The email address used, permission or order allowing that method, and delivery/read confirmations.
• For courier or mail: Tracking number, delivery confirmation, and the name of the person who signed for it.
• For service on counsel: Lawyer’s name, firm, and confirmation of authority to accept service.
• Exhibits to attach: Copy of the served document, acceptance emails, delivery receipts, or order permitting substituted service.
• Photo ID: Bring government-issued ID to the commissioning appointment.
• Appointment with a commissioner for oaths or notary public: Time and location set.

During signing

• Verify your name and contact details: Spelled correctly and consistent with your ID.
• Confirm the court file number and style of cause: No transposed numbers or misspellings.
• Describe the document served precisely: Title, date, and any schedules or enclosures.
• Record method of service clearly: Include personal details like “handed to [full name]” or “left with [name], receptionist, authorized by [how confirmed].”
• Include date, time, and place of service: Be specific; avoid vague phrases like “in the afternoon.”
• State how you identified the person served: ID check, verbal confirmation, recognized photo, or prior acquaintance.
• Reference each exhibit in the affidavit text: “Exhibit A,” “Exhibit B,” etc., in order.
• Ensure each exhibit is labeled and initialed: The commissioner should mark and initial exhibits.
• Swear or affirm before signing: Do not sign until directed by the commissioner.
• Check the jurat: Correct date, location, and full details of the commissioner, including signature and designation.
• Ask for copies: Request a certified copy if needed.

After signing

• File the affidavit in the correct court file: Confirm the registry location and file number.
• Serve a copy of the filed affidavit if required: Follow any direction in the Rules or a court order.
• Calendar-related deadlines: Note the limitation dates tied to the service date.
• Store originals securely: Keep the original exhibits and courier receipts.
• Track delivery of filed documents: Retain filing receipts and stamped copies.
• If service failed or was refused: Record details and consider a new attempt or seek direction under the Rules.
• If errors are found: Prepare and swear a supplemental affidavit rather than editing the signed one.

Common Mistakes to Avoid CPR Form 31.05 – Affidavit of Service

1. Serving the wrong person or an unauthorized recipient. Consequence: Service may be invalid, causing delays or setting aside of steps taken. Don’t forget to state how you confirmed the recipient’s identity or authority.
2. Leaving out the time of service. Consequence: Disputes over timelines and possible rejection of your affidavit. Always include the exact time or a reasonable approximation.
3. Not attaching supporting exhibits. Consequence: The court may find your affidavit incomplete. Attach delivery confirmations, acceptance emails, or the served document when they support your statement.
4. Signing before meeting the commissioner. Consequence: The affidavit is invalid without a proper jurat. Sign only in front of the authorized official who will complete the jurat.
5. Using vague descriptions. Consequence: The court may question reliability. Replace phrases like “served at the office” with the full address, the recipient’s full name, job title, and how you verified the identity.
6. Altering the affidavit after swearing. Consequence: The affidavit can be rejected, and your credibility may be questioned. If you need to correct anything, swear a new or supplemental affidavit.
7. 9. What to Do After Filling Out the Form CPR Form 31.05 – Affidavit of Service
8. File the sworn affidavit with the court where your case is pending. Use the exact file number and style of cause. Filing makes your record of service part of the court file and confirms that the other side received the document in the way the Rules require.
9. If an order or the Rules require, serve a copy of the filed affidavit on the other parties. When you do, note the date and method in your file. While you do not usually need a new affidavit proving that you served the affidavit of service, keep proof of distribution if it is requested.
10. Update your internal timeline. Many deadlines run from the date of service. Record the deadline triggered by the document you served and set reminders. If service happened late in the day, check whether the Rules treat service after a certain hour as made on the next day and plan accordingly.
11. If you discover an error in the affidavit, do not mark up the original. Prepare and swear a fresh or supplemental affidavit that corrects the record. File the corrected version promptly. If you filed the earlier version, file the replacement with a note in the body of the new affidavit that it corrects the earlier one.
12. If the service did not succeed or the document was returned, record the attempt and reason. Try the service again using a permitted method, or consider seeking directions or an alternative service if allowed. Keep detailed notes so your next affidavit explains what happened.
13. For multiple recipients, prepare and file a separate affidavit for each person or entity served. This keeps the record clear and reduces challenges later. If you served several documents on the same person at the same time, you can cover them in one affidavit by listing each document and attaching supporting exhibits.
14. Retain your original exhibits, receipts, and confirmations. Store them with a copy of the filed affidavit. If a dispute arises later, you can show exactly what happened. Keep records secure and organized by file number and party name.
15. If a hearing, deadline, or next step depends on proof of service, confirm the affidavit appears on the court file before that event; if it does not, refile or contact the registry to resolve any issue well in advance. Timely proof of service keeps your case moving.