Affidavit of Service (Return of Service)

AFFIDAVIT OF SERVICE — RETURN OF PERSONAL DELIVERY

This form records delivery by a sheriff, constable, or designated person under Ala. R. Civ. P. 4(i)(1). Do not use it for another service method without checking that method's separate proof requirements.

1. Court and Case

In the [CIRCUIT / DISTRICT] Court of [________________] County, Alabama

Case number: [________________________________]

2. Process Received

3. Server Status and Identification

Select one:

☐ Sheriff or deputy sheriff

☐ Elected constable

☐ Designated person under Rule 4(i)(1)(B)

Officer or Constable

Designated Person

I state that I am at least 19 years old, am not a party to this action, and am not related within the third degree by blood or marriage to the party seeking service of process.

Rule 4(i)(1)(B) does not require a prior court order appointing an otherwise qualified designated person. Do not claim qualification unless every requirement above is true.

4. Successful Service

☐ I delivered a copy of the issued process and all accompanying documents identified in Section 2.

Recipient Basis Under Rule 4(c)

Select the basis that was actually used and complete the facts showing that the recipient qualifies.

☐ Named adult individual: delivered directly to the individual named in the process.

☐ Adult individual's dwelling or usual place of abode: left with a person of suitable age and discretion who then resided there.

☐ Authorized agent for an adult individual: delivered to an agent authorized by appointment or law to receive service.

Source and facts establishing authority: [________________________________]

☐ Corporation, partnership, LLC, or other Rule 4(c)(6) entity: delivered to an officer, qualifying partner, managing or general agent, or agent authorized by appointment or law.

☐ Minor, incompetent person, incarcerated person, State, local government, or other recipient: current Rule 4(c) was separately reviewed and the following facts establish service on every person required by the applicable subsection.

Applicable Rule 4(c) subsection or other current authority: [________________________________]

Required recipients and qualifying facts:

[____________________________________________________________]

[____________________________________________________________]

5. Unsuccessful Service Return

Complete this section instead of Section 4 when delivery was not made.

☐ I was unable to serve the issued process.

Reason service was not completed:

[____________________________________________________________]

[____________________________________________________________]

Rule 4(i)(1)(D) requires the server who remains unable to serve within 60 days after clerk issuance to endorse the failure and reason on the process and return the process and copies to the clerk. This return does not authorize publication, alternative service, or a new address.

6. Return and Declaration

I declare from personal knowledge that the completed portions of this return are true and correct. I have endorsed successful delivery or failed service on the return copy of the issued process, signed the return, and will file or return it to the clerk of the issuing court as Rule 4(i)(1) requires.

Date: [__/__/____]

Server signature: __________________________________

Printed name: [________________________________]

Official title, if applicable: [________________________________]

Badge or precinct number, if applicable: [________________________________]

Physical address for designated person: [________________________________]

Telephone for designated person: [________________________________]

7. Optional Jurat

Current Rule 4(i)(1)(C) requires a signed return; it does not state a universal notarization requirement for that return. Complete this jurat only when the court, another governing authority, or the chosen affidavit practice requires or calls for a sworn filing.

State of [________________]

County of [________________]

Sworn to and subscribed before me on [__/__/____] by [________________________________].

Notary public: __________________________________

Printed name: [________________________________]

My commission expires: [__/__/____]

8. Filing Review

☐ The filed, clerk-issued process and every required accompanying document were delivered.

☐ The server is a sheriff, constable, or qualified designated person under current Rule 4(i)(1).

☐ A designated person is at least 19, is not a party, and has no prohibited third-degree relationship.

☐ The person served is authorized under the applicable Rule 4(c) subsection.

☐ Substituted-service facts show why the recipient qualifies for the named defendant.

☐ The return states the delivery date and the recipient's first and last name.

☐ The return contains the server-identification details Rule 4(i)(1)(C) requires.

☐ A failed-service return states the reason and is returned on the Rule 4(i)(1)(D) schedule.

☐ The signed return is filed with the clerk of the court that issued the process.

Sources and References

• Alabama Judicial System, Ala. R. Civ. P. 4, including the amendment effective August 14, 2023.