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Document Description
The Affidavit of Service is a legal document that serves as proof of service of legal documents to the opposing party in a court case. It is an important document as it establishes that the necessary documents have been properly served to the plaintiff. The document begins with the title 'Affidavit of Service' followed by the current year and the court of jurisdiction. It includes the case number and the names of the plaintiff and defendant.
The detailed introduction of the entire document provides two options: 'Affirmation of Service' and 'Affidavit of Service'. The choice depends on whether the defendant is making the affirmation or an agent authorized by the defendant. The introduction also includes the affirmation or oath of the defendant or agent, stating their role and their actions in serving the plaintiff with the required documents.
Each section of the document is described in detail, including the service date and time, the documents served, and the mode of service. The document provides options for different modes of service, such as personal service, registered post, insertion through the letterbox, leaving at the address of the plaintiff, or leaving at the address of the solicitor. The document also includes a request for evidence of service, such as an identity card or a postal receipt.
The document concludes with the affirmation or oath of the defendant or agent, stating that the contents of the document are true. It includes the name of the defendant or agent, the court of jurisdiction, and the date of the affirmation or oath. The document is filed on behalf of the defendant and is signed by a commissioner for oaths, notary public, justice of peace, or judiciary.
How to use this document?
1. Enter the current year and the court of jurisdiction in the designated spaces at the beginning of the document.
2. Fill in the case number and the names of the plaintiff and defendant.
3. Choose between 'Affirmation of Service' and 'Affidavit of Service' based on whether the defendant or an authorized agent is making the affirmation.
4. Provide the necessary information in the affirmation or oath section, including the role of the defendant or agent and their actions in serving the plaintiff.
5. Specify the date and time of service, as well as the documents served, in the designated spaces.
6. Select the appropriate mode of service from the options provided, such as personal service, registered post, insertion through the letterbox, leaving at the address of the plaintiff, or leaving at the address of the solicitor.
7. If required, provide evidence of service, such as an identity card or a postal receipt.
8. Conclude the document with the affirmation or oath of the defendant or agent, stating that the contents are true.
9. Include the name of the defendant or agent, the court of jurisdiction, and the date of the affirmation or oath.
10. Sign the document in the presence of a commissioner for oaths, notary public, justice of peace, or judiciary.
11. File the document on behalf of the defendant.
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