For a court of law to take action in a dispute between two opposing parties, the law requires that both parties and everyone involved to be notified. They are given a copy of the papers announcing the intention of the court by a neutral third party. An Affidavit of Service is the proof given to the court that this has been done within a specified period of time.
An Affidavit of Service is an affidavit that supports factual delivery of case related materials to one or more parties involved in a legal matter. An Affidavit of Service form certifies that a notice, summons, writ, or process has been served. This affidavit states the time, manner, and method of delivery in a detailed summary. The individual sending the Affidavit of Service must also sign, or swear to, the truth of the summary statement that is entered in the affidavit.
An Affidavit of Service is also used as a proof of service. Service of legal papers containing details of a case or judgment is mandatory to both the plaintiff and defendant.
The Affidavit of Service form lets one know the other has received a duplicate set of papers. This document should be notarized and returned to the court after service has been performed.
In a divorce, the filing party must serve the respondent or defendant a copy of the petition or complaint with a summons. When filing a summons, the opposing party should be served an Affidavit of Service which provides proof to the court that proper service was performed. This is a legal requirement, because the opposing party must be made aware of the filing of the petition or complaint, so their will be ample time to respond.
The Affidavit of Service form states when, where, and how the service was accomplished and includes a description of the party served, so there can be no doubt about identity.