An affidavit of service is the sworn proof filed with the court showing when, where, how, and by whom court papers were served. When a process server completes service they complete an affidavit of service that becomes the official court record of how and when service was accomplished.
The affidavit of service must be accurate and detailed. It should identify the documents served, the person served, the date and time of service, the location of service, and the method used. A defective affidavit of service can create challenges to the validity of service that delay the entire case.
File the affidavit of service promptly after service is completed. All deadlines in the case run from the date of service established in the affidavit. The court needs this document before it can calculate response deadlines and the 60-day waiting period.
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