Home » Answers Hub » Affidavit of service
An affidavit of service is a sworn statement, made on oath before a solicitor or commissioner for oaths, describing exactly how, when, where and on whom a document was served. It is required where the rules demand sworn evidence, most importantly committal applications for breach of a court order, and remains standard practice in some insolvency and cross border contexts. For everyday service, a certificate of service with a statement of truth is enough.
The affidavit is the certificate's formal older sibling: the same facts, but sworn on oath, with the maker liable for perjury rather than the lesser sanctions attaching to a false statement of truth. The rules reserve it for the moments when liberty or serious consequence turns on service having happened.
Contempt proceedings lead the list: an application to commit someone for breaching an order must be supported by affidavit evidence under CPR Part 81, and the affidavit of service, proving the order was personally served before the alleged breach, is foundational to it. A respondent facing committal will attack service first, which is why the sworn account of the handover matters so much. Beyond committal, affidavits of service appear where foreign courts or enforcement regimes require sworn proof that English documents were served, in some insolvency and enforcement practice where practitioners prefer sworn evidence held on file, and wherever a court specifically directs evidence on oath.
Precision is the entire craft: the deponent's identity and authority; the document served, identified exactly; date, time and place; the method; how the person served was identified, by admission, response to their name, photograph, description; what was said on both sides; and exhibits where they exist, the served document, photographs, the attempt log. Vague affidavits invite cross examination; specific ones end arguments.
The server who effected service is the deponent, so the affidavit must be arranged with whoever served, another reason to use professionals who treat every service as potentially contentious. Tremark's servers record every instruction to affidavit standard as a matter of course; the certificate of service is included in the fixed fee, and a sworn affidavit is available for £15, or afterwards if a dispute emerges, since the contemporaneous notes make swearing later straightforward.
Tremark's nationwide team of process servers completes most instructions at a fixed fee, with a certificate of service included as standard. Get an exact price for your instruction in under a minute.
Get an instant quote or find out more about our process serving servicesPrefer to put your question to a person? Send the team a message and we will come back to you promptly.
This page provides general information about the law and practice in England and Wales and is not legal advice. Rules change and individual circumstances vary; always take advice from a solicitor on your specific situation. Prices shown are indicative, exclusive of VAT and confirmed in writing before any work begins.