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A service affidavit is a document that confirms the delivery of legal documents to one or more parties in a case. It provides proof that the documents have been received and is used to summarize the method of delivery and confirm the date of dispatch. The affidavit is an important document that is filed as evidence that each party has received the documents. It reduces the likelihood of one party receiving key information and another party not receiving it.
A service affidavit is a document confirming the delivery of documents relating to a case to one or more parties in a legal matter. Also known as proof of service, a service affidavit typically provides proof that a document has reached the person or persons identified in the court case. Legal documents containing details of a case or judgment go to both the plaintiff and the defendant, and proof of service informs one that the other has received a duplicate document.
A court representative can use a proof of service to summarize the method of delivery and confirm the date of dispatch or service of documents. Typically, the sending representative will also sign or swear by this summary statement. Family and civil courts in the United States, Canada, Australia and elsewhere use affidavits of service documents.
While the affidavit itself often looks like a simple delivery receipt, it is an important document. A clerk receives a copy of the affidavit and files it in the file as evidence that each of the parties to a lawsuit has received the documents relating to the lawsuit. Often, legal materials are time sensitive, require additional steps by the person being served, and the affidavit represents proof that the individual received the education by a certain date.
When a judge issues a court order or judgment in the presence of one or more parties in a courtroom or other venue, a follow-up and written summary by the attorney(s) representing the plaintiff follows . These hard copies of the orders often detail the next steps that the defendant and the plaintiff must follow. Documentation is a key factor in recording the history of a case and the actions of the parties involved. A history of compliance or disobedience to orders can be traced with the notarial deed of service which certifies the successful delivery of the orders themselves.
Having a proof of service system in place also reduces the likelihood that one party will receive key information and another party will not. In cases where follow-up action results in issues such as child custody and visitation, for example, a spouse receives a notification detailing the steps to be taken and will be held the ordered time period for them to be completed. If a defendant fails to follow court orders or recommendations and claims they were given no instructions, a service affidavit says otherwise.
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