Affidavits of service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual. Although applicable only to members of this association, the Policy Manual is also published for public awareness and use.
PROOFS AND AFFIDAVITS OF SERVICE
Process Server’s Work Product The work product of a professional process server is the proof or affidavit of service submitted by that person attesting to the fact that a particular person or entity was given legal process in a manner prescribed by law. The proof or affidavit of service is what the courts rely upon to determine whether jurisdiction has been acquired over a particular person, entity, or property. The proof or affidavit of service must be beyond reproach.
Unsworn Declarations Made Under Penalty of Perjury An Unsworn Declaration made under Penalty of Perjury is a written or printed recitation by the process server of the facts and circumstances surrounding the delivery of legal process to a particular person or entity consistent with applicable state or federal court rule or law. The declaration is to be signed only by the person making the statement.
Affidavits of Service An “affidavit” is a written or printed declaration or statement of facts made voluntarily, confirmed by the oath or affirmation of the party making it, and taken before an officer having the authority to administer such oath. An “affidavit of service” is intended to certify the service of a writ, notice or other legal document.
Signatures An Affidavit or Proof of Service may be signed using a variety of methods. Wet ink, an electronic signature (signature image), or a digital electronic signature with third party verification and date stamping are all valid. No matter what the method of signature, such signature should always be effected by the person who actually performed the actions being attested to. Designating another person to cause the server’s signature to be affixed to an Affidavit or Proof of Service is specifically not condoned.
Notary Public A Notary Public is a person commissioned by a particular state jurisdiction to perform a variety of notarial acts. Among these, the Notary Public is vested with the authority to administer oaths, and execute jurats.