Affidavit / Affirmation of Service

The document titled 'Affidavit / Affirmation of Service' is a legal document used in the court of jurisdiction state. It is a sworn statement made by the plaintiff or their authorized agent, affirming or swearing that they have served the defendant with certain documents related to the legal action. The document consists of several sections.

 

The introduction of the document provides the case number and the names of the plaintiff and defendant. It also mentions whether it is an affirmation of service or an affidavit of service, depending on the circumstances. The document is filed on a specific date.

 

The main body of the document starts with the affirmation or oath made by the plaintiff or their agent. It states that they are the plaintiff or authorized agent and that they have served the defendant with specific documents. The documents served include a sealed copy of the writ of summons or originating summons, a copy of the acknowledgement of service, and any additional documents required.

 

The document also includes a section where the person making the affirmation or oath provides evidence of service. This can be in the form of personal service, registered post, insertion through the letterbox, leaving at the address of the defendant or their solicitor, or posting it up in a conspicuous place on the property sought to be recovered. The person making the affirmation or oath may also provide additional details or reasons to support the evidence of service.

 

Finally, the document concludes with the signature of the plaintiff or their agent, along with the date and the name of the court. It also includes the signature and title of the commissioner for oaths, notary public, justice of peace, or judiciary who witnessed the affirmation or oath.

 

The 'Affidavit / Affirmation of Service' is an important document in legal proceedings as it provides proof that the defendant has been served with the necessary documents. It ensures that the defendant is aware of the legal action and can respond accordingly.

How to use this document?

Guidance for using the 'Affidavit / Affirmation of Service':

1. Prepare the document: Fill in the case number, names of the plaintiff and defendant, and the type of document (affirmation or affidavit) based on the circumstances.

2. Provide personal details: If the person making the affirmation or oath is the plaintiff, state 'I am the plaintiff.' If it is an authorized agent, state 'I am the agent of the plaintiff duly authorized to make this affirmation on the plaintiff's behalf.'

3. Describe the service: Specify the date, time, and mode of service. If serving in person, provide additional details to support the evidence of service, such as the defendant producing their identity card for inspection.

4. Include additional documents: If required, enclose a sealed copy of the writ of summons or originating summons, a copy of the acknowledgement of service, and any other relevant documents.

5. Provide evidence of service: Depending on the mode of service, provide the necessary evidence, such as a copy of the postal receipt, a photo with a time stamp, or a document bearing a chop or left at the door of the defendant or their solicitor.

6. Swear or affirm the contents: Sign the document and make an oath or affirmation that the contents are true.

7. Witness the affirmation or oath: Have the affirmation or oath witnessed by a commissioner for oaths, notary public, justice of peace, or judiciary.

8. File the document: File the completed 'Affidavit / Affirmation of Service' with the court of jurisdiction state.

Note: It is important to follow the specific requirements and procedures of the jurisdiction state when using this document.