What proof of service is
Proof of service is a document, often a form or an affidavit, in which the server states under oath or penalty of perjury how service was carried out. It is filed with the court. Some courts have their own forms. Others accept a custom statement that includes certain facts.
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Check your court's rules for the required format.
Some courts require specific wording, such as a statement about the server's age and lack of involvement in the case. Use the court's form if one exists.
Facts it must include
Typical items are the name of the server, the date and time, the exact address, the name of the person served or described, the documents delivered, and the method used. If substitute service was used, the form notes who accepted and how the person was described.
Details about attempts that failed may also be requested.
A description of the person served, like approximate height, hair color or clothing, may be requested when someone other than the named person accepted papers.
Notarization or declaration
Some courts want the server's signature notarized, which means the server signs in front of a notary after taking an oath. Others accept a declaration signed under penalty of perjury without a notary. The court's rules or forms say which applies.
A notary does not check the facts of the service. The notary only handles the identity and signing.
Who signs
The server signs, not the party who started the case. The server must be a person qualified to serve. If a company sent a worker, the worker's name is on the proof. Do not sign for someone else. Do not sign before the service has occurred.
If more than one person was served, a proof may be needed for each.
If the server is outside the area, they can sign before a local notary and send the proof back. The state of the notary does not matter for the notarial act, but the court's format does.
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Errors that cause trouble
Wrong dates, missing addresses, inconsistent names, a missing notary stamp when one is needed, or a proof that does not list the documents. Courts and opposing lawyers sometimes challenge service based on small errors.
Keep a copy of the proof, notes about the attempt and any photos or logs you made at the time.
Proofread for typos in the case number and the party names. A small typo can make the clerk reject the filing.
Filing and deadlines
Once the proof is complete, file it with the court within the time allowed. Missing the deadline can delay the case or require extra motions. Ask the clerk how to file and whether a copy goes to the other side.
Mistakes that get documents rejected
Missing facts such as date, time, place and person served are the usual reasons proof of service is questioned. Others are signing before a notary when the form allows a declaration, and filing after a deadline. Check the court's rules for the form it requires.
Checklist before you book
Record who, when, where and how. Use the court's form if there is one. Sign before the notary if a jurat is required. File by the deadline.
Common questions
Can I write my own proof of service?
If your court allows it, yes, but use the required facts and format. Check for a court form first.
Does a proof of service prove the other side read the papers?
No. It shows delivery by an approved method, which is what the court requires.
More notary guides
- Notary Stamp vs Seal: What's the Difference?
- What a Notary Journal Must Record, Entry by Entry
- How process serving works in New Jersey
This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.