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Affidavit Of Non Service for the United Kingdom

Affidavit Of Non Service Template for United States

An Affidavit of Non-Service is a sworn legal document used in United States federal and state courts that formally documents unsuccessful attempts to serve legal papers to an intended recipient. The document details the reasonable efforts made by a process server to deliver legal documents, including specific dates, times, and locations of attempted service. It serves as official proof that despite diligent efforts, service could not be completed, allowing the court to consider alternative methods of service or other legal remedies.

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What is a Affidavit Of Non Service?

An Affidavit Of Non-Service is a crucial legal document required when attempts to serve legal papers are unsuccessful. This document is commonly used across all U.S. jurisdictions when process servers, after making reasonable attempts, cannot complete service of legal documents. The affidavit must detail all attempts made, including dates, times, locations, and reasons for failure. It protects the serving party by demonstrating due diligence and allows courts to determine next steps, such as alternate service methods. The document must be notarized and typically includes specific requirements that vary by jurisdiction but must comply with both federal and state civil procedure rules.

What sections should be included in a Affidavit Of Non Service?

1. Caption: Court information, case number, and parties involved

2. Introduction: Process server's identification and qualifications

3. Service Attempt Details: Dates, times, and locations of attempted service

4. Reason for Non-Service: Specific explanation why service could not be completed

5. Verification: Sworn statement of truth under penalty of perjury

6. Notarization: Official notary acknowledgment and seal

What sections are optional to include in a Affidavit Of Non Service?

1. Additional Attempts: Used when multiple service attempts were made at different times/locations

2. Witness Statement: Used when others witnessed failed service attempts

3. Supporting Documentation: Used when photos, GPS data, or other evidence is available

What schedules should be included in a Affidavit Of Non Service?

1. Photograph Exhibits: Visual documentation of service attempts or location

2. GPS Records: Location verification of service attempts

3. Original Documents: Copies of documents attempted to be served

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Clauses
















Industries

Federal Rules of Civil Procedure (FRCP) - Rule 4: Governs service of process requirements at the federal level, including proper methods of service attempts and documentation requirements for failed service attempts

State Civil Procedure Rules: State-specific requirements for service of process, documentation of failed attempts, and jurisdiction-specific rules that may vary by state

Notary Public Laws: Federal and state requirements for notarized documents, including proper format for notary acknowledgments and record-keeping requirements

Perjury Laws - 18 U.S.C. ยง 1621: Federal and state perjury statutes governing sworn statements and penalties for false declarations in legal documents

Process Server Regulations: State-specific licensing requirements, qualifications, and documentation standards for professional process servers

Due Process Requirements: Constitutional requirements under the 14th Amendment, including reasonable attempt standards and documentation of diligence in service attempts

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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