Affidavit of Service of Process
(Federal)

Summary

This template is an affidavit of service you may use in a federal district court case. The template includes practical guidance, drafting notes, and alternate and optional clauses. Unless service is waived, you must prove service of a summons and complaint to the court. You must satisfy this requirement through an affidavit signed by the individual that effected service. Fed. R. Civ. P. 4(l)(1). Service of process itself must comply with Fed. R. Civ. P. (e)–(j), depending on the status and/or location of the defendant. If the defendant challenges service, the plaintiff bears the initial burden of proving that it was properly made. See Blair v. City of Worcester, 522 F.3d 105, 112 (1st Cir. 2008). A filed affidavit of service satisfies this initial burden. See Blair, 522 F.3d at 111–12. A mere allegation that process was not served, without additional evidence, is insufficient to refute the validity of an affidavit of service—the challenging party must show strong and convincing evidence. See SEC v. Internet Solutions for Bus., Inc., 509 F.3d 1161, 1167 (9th Cir. 2007). Though proof of service is required, the failure to file the affidavit does not invalidate the service itself. See Fed. R. Civ. P. 4(l)(3). For a full listing of key content covering fundamental civil litigation tasks throughout a federal court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (Federal). For a full listing of key content covering fundamental discovery motion tasks throughout a federal court litigation lifecycle, see Discovery Motions Resource Kit (Federal). For more information, see Commencing a Lawsuit: Serving Process (Federal) and Commencing a Lawsuit Checklist (Federal). For related templates, see Complaint (Federal) and Summons (Federal).