AFFIDAVIT OF SERVICE

State of Arkansas

IN THE [________________________________] COURT OF [________________________________] COUNTY, ARKANSAS

Case No.: [________________________________]
Division: [________________________________]

[________________________________],
Plaintiff(s),

v.

[________________________________],
Defendant(s).

AFFIDAVIT OF SERVICE

(Pursuant to Arkansas Rules of Civil Procedure, Rule 4)

I. AFFIANT IDENTIFICATION

I, [________________________________], being first duly sworn, state under oath as follows:

1. Full Legal Name: [________________________________]

2. Business Address: [________________________________]

3. City, State, ZIP: [________________________________]

4. Telephone: [________________________________]

5. Email (optional): [________________________________]

6. Capacity (check one):

☐ Sheriff of [________________________________] County, Arkansas (Ark. Code Ann. § 16-58-107)

☐ Deputy Sheriff of [________________________________] County, Arkansas

☐ Any person at least 18 years of age who is not a party to this action (Ark. R. Civ. P. 4(c))

☐ Attorney of record in this action

☐ Other authorized person: [________________________________]

7. I am competent to testify to the matters stated herein and have personal knowledge of the facts set forth below.

8. I am not a party to this action and have no interest in its outcome.

II. DOCUMENTS SERVED

The following documents (collectively, the "Documents") were served:

☐ Summons

☐ Complaint / Petition

☐ Amended Complaint / Petition

☐ Subpoena

☐ Motion for [________________________________]

☐ Order of Court dated [__/__/____]

☐ Notice of [________________________________]

☐ Writ of [________________________________]

☐ Other: [________________________________]

☐ Other: [________________________________]

Total number of pages served: [____]

III. METHOD OF SERVICE

(Check all that apply and complete the corresponding section below.)

☐ A. Personal Service (Ark. R. Civ. P. 4(d)(1))

☐ B. Service at Usual Place of Abode (Ark. R. Civ. P. 4(d)(1))

☐ C. Certified Mail, Return Receipt Requested, Restricted Delivery (Ark. R. Civ. P. 4(e))

☐ D. Service on Corporation or Other Entity (Ark. R. Civ. P. 4(d)(5))

☐ E. Service on Agent Authorized to Receive Service

☐ F. Service by Publication (Ark. R. Civ. P. 4(f))

☐ G. Service on Inmate (Ark. R. Civ. P. 4(d)(2))

☐ H. Service on Minor (Ark. R. Civ. P. 4(d)(3))

☐ I. Court-Ordered Alternative Service

☐ J. Waiver / Acceptance of Service

A. PERSONAL SERVICE

I personally delivered true and correct copies of the Documents to:

Name of person served: [________________________________]

Date of service: [__/__/____]

Time of service: [____] ☐ a.m. ☐ p.m.

Address where service was made: [________________________________]

City, State, ZIP: [________________________________]

Physical description of person served:
- Gender: [________________________________]
- Approximate age: [____]
- Height: [____]
- Weight: [____]
- Hair color: [________________________________]
- Other distinguishing features: [________________________________]

Note: Under Ark. R. Civ. P. 4(d)(1), if the recipient refuses to accept the documents, leaving them in the recipient's presence constitutes valid service.

☐ Recipient refused to accept the Documents; I left them in the recipient's presence.

B. SERVICE AT USUAL PLACE OF ABODE

On [__/__/____] at [____] ☐ a.m. ☐ p.m., after being unable to personally serve the defendant, I left true and correct copies of the Documents at the defendant's usual place of abode located at:

Address: [________________________________]

with [________________________________], a person of suitable age and discretion then residing therein.

Relationship to defendant: [________________________________]

Approximate age of person accepting service: [____]

Note: Arkansas courts generally interpret "suitable age and discretion" to mean an individual 14 years or older.

Physical description of person accepting service:
- Gender: [________________________________]
- Height: [____]
- Weight: [____]
- Hair color: [________________________________]

C. CERTIFIED MAIL SERVICE (Ark. R. Civ. P. 4(e))

On [__/__/____], I deposited true and correct copies of the Documents in the United States mail, properly enclosed and postage prepaid, via certified mail, return receipt requested, restricted delivery, marked "Deliver to Addressee Only," addressed to:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Certified Mail Tracking Number: [________________________________]

Return receipt received: ☐ Yes ☐ No

Date signed on return receipt: [__/__/____]

Signature on return receipt by: [________________________________]

☐ Return receipt ("green card") is attached hereto as Exhibit [____].

☐ Mail was returned unclaimed / refused — see Non-Service Affidavit (Section VII).

D. SERVICE ON CORPORATION OR OTHER ENTITY (Ark. R. Civ. P. 4(d)(5))

I served the Documents on:

Name of entity: [________________________________]

Name of person served: [________________________________]

Title/Position: [________________________________]

The person served is:

☐ Registered agent for service of process
☐ Officer of the corporation
☐ Partner (for partnership)
☐ Member or manager (for LLC)
☐ A managing or general agent
☐ Any agent authorized by appointment or by law to receive service
☐ Other: [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

E. SERVICE ON AUTHORIZED AGENT

I delivered the Documents to:

Name of agent: [________________________________]

Agent for: [________________________________]

Authority: ☐ Appointed agent ☐ Statutory agent ☐ Registered agent

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

F. SERVICE BY PUBLICATION (Ark. R. Civ. P. 4(f))

Pursuant to the Court's Order dated [__/__/____] authorizing service by publication:

Name of newspaper: [________________________________]

County of publication: [________________________________]

Dates of publication:
- First publication: [__/__/____]
- Second publication: [__/__/____]

Note: Under Ark. R. Civ. P. 4(f), publication must occur once a week for two consecutive weeks in a newspaper published in the county where the action is pending. The defendant must then be given at least 30 days from the last date of publication to respond.

☐ Affidavit of publication from the newspaper is attached as Exhibit [____].

☐ A copy was also mailed to the defendant's last-known address on [__/__/____].

G. SERVICE ON INMATE (Ark. R. Civ. P. 4(d)(2))

I served the Documents on [________________________________], an inmate confined at:

Facility name: [________________________________]

Facility address: [________________________________]

By delivering a copy to:

Name: [________________________________]

Title: ☐ Warden ☐ Chief Administrative Officer ☐ Other: [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

H. SERVICE ON MINOR (Ark. R. Civ. P. 4(d)(3))

I served the Documents for [________________________________] (minor defendant) by delivering a copy to:

Name: [________________________________]

Relationship to minor: ☐ Parent ☐ Legal Guardian ☐ Legal Custodian ☐ Person Having Care of Minor

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

I. COURT-ORDERED ALTERNATIVE SERVICE

Pursuant to the Court's Order dated [__/__/____], I effected service by the following alternative method:

[________________________________]

[________________________________]

☐ Copy of the Court's Order is attached as Exhibit [____].

J. WAIVER / ACCEPTANCE OF SERVICE

[________________________________] acknowledged and accepted service of the Documents on [__/__/____].

☐ Signed waiver/acceptance is attached as Exhibit [____].

IV. PRIOR SERVICE ATTEMPTS AND DUE DILIGENCE

Additional due diligence efforts:

☐ Searched Arkansas Secretary of State records for registered agent

☐ Searched public records for current address

☐ Contacted neighbors, landlord, or building management

☐ Checked Arkansas courts case records

☐ Other: [________________________________]

V. PROOF OF SERVICE TYPE (Ark. R. Civ. P. 4(g))

Under Ark. R. Civ. P. 4(g), proof of service is made as follows:

☐ By Sheriff/Deputy Sheriff: Certificate of service or return endorsed on or attached to the summons.

☐ By Any Other Person: This Affidavit of Service, sworn to before a notary public or other officer authorized to administer oaths.

VI. TIMELINESS OF SERVICE

120-Day Rule: Under Ark. R. Civ. P. 4(i), service must be completed within 120 days after the filing of the complaint. If service is not completed within 120 days, the court shall dismiss the action without prejudice or direct that service be accomplished within a specified time, unless the plaintiff shows good cause for the failure.

Date complaint filed: [__/__/____]

Date service accomplished: [__/__/____]

Number of days between filing and service: [____]

☐ Service was accomplished within 120 days of filing.

☐ Service was not accomplished within 120 days. Good cause shown or extension granted by Court Order dated [__/__/____].

VII. NON-SERVICE AFFIDAVIT

(Complete ONLY if service was NOT accomplished.)

☐ I was unable to serve the Documents on [________________________________] despite the following diligent efforts:

[________________________________]

[________________________________]

Reason service could not be completed:

☐ Defendant could not be located at the address provided

☐ Defendant has moved from the address provided

☐ Defendant is evading service

☐ Address is vacant or abandoned

☐ Certified mail returned unclaimed or refused

☐ Defendant is incarcerated at [________________________________]

☐ Other: [________________________________]

VIII. SERVICE FEES AND COSTS

Service fee: $[________________________________]

Mileage: [____] miles at $[____] per mile = $[________________________________]

Certified mail/postage costs: $[________________________________]

Publication costs: $[________________________________]

Total: $[________________________________]

IX. VERIFICATION AND OATH

I, [________________________________], declare under penalty of perjury under the laws of the State of Arkansas that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Service was performed in full compliance with Ark. R. Civ. P. 4 and all applicable Arkansas statutes, local rules, and court orders.

I am competent to testify to the matters stated herein and will appear in court if subpoenaed.

X. SIGNATURE AND NOTARIZATION

Signed this [____] day of [________________________________], 20[____].

________________________________________
Signature of Affiant

Printed Name: [________________________________]
Title (if applicable): [________________________________]
Business Address: [________________________________]
Telephone: [________________________________]

NOTARY ACKNOWLEDGMENT

State of Arkansas )
) ss.
County of [________________________________] )

Subscribed and sworn to before me on this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who produced [________________________________] as identification.

________________________________________
Notary Public

Printed Name: [________________________________]
My Commission Expires: [__/__/____]

[NOTARY SEAL]

XI. CERTIFICATE OF FILING

I hereby certify that the original of this Affidavit of Service was filed with the Clerk of the Court on [__/__/____] and that a true and correct copy was served upon all counsel of record via:

☐ Hand delivery
☐ U.S. Mail, postage prepaid
☐ E-filing
☐ Electronic service

on [__/__/____].

________________________________________
Signature

XII. EXHIBITS

☐ Exhibit A — Return Receipt (Certified Mail / "Green Card")

☐ Exhibit B — Affidavit of Publication

☐ Exhibit C — Court Order Authorizing Alternative Service

☐ Exhibit D — Photographic Evidence / GPS Log

☐ Exhibit E — Contemporaneous Service Notes

☐ Exhibit F — Other: [________________________________]

ARKANSAS-SPECIFIC SERVICE RULES — QUICK REFERENCE

XIII. FILING INSTRUCTIONS

1. 120-Day Deadline: Under Ark. R. Civ. P. 4(i), service must be completed within 120 days after the filing of the complaint. Failure to serve within 120 days results in dismissal without prejudice unless good cause is shown. If a motion to extend is filed within the 120-day period, the court may grant an extension; the extension order must be entered within 30 days of the motion or by the end of the 120-day period, whichever is later.

2. Sheriff vs. Private Server Proof: Under Ark. R. Civ. P. 4(g), if service is made by a sheriff or deputy, the official return (certificate) on the summons serves as proof. If service is made by any other person, that person must execute this sworn Affidavit of Service. Attach any required return receipt, commercial carrier confirmation, or affidavit of publication.

3. Certified Mail Requirements: Under Ark. R. Civ. P. 4(e), certified mail service requires "Restricted Delivery" and must be marked "Deliver to Addressee Only." A regular certified mail receipt without restricted delivery does not satisfy this rule.

4. Abode Service — Age 14 or Older: Arkansas courts interpret "suitable age and discretion" for abode service to mean at least 14 years of age. Document the age of the substitute recipient carefully.

5. Publication — Two Weeks, 30-Day Response: Under Ark. R. Civ. P. 4(f), publication must occur once per week for two consecutive weeks. After the last publication date, the defendant has at least 30 days to respond.

6. Refusal to Accept: Under Ark. R. Civ. P. 4(d)(1), if the defendant refuses to accept the documents, leaving them in the defendant's presence constitutes valid service. Document this clearly in Section III.A.

7. E-Filing: Arkansas courts participate in electronic filing through the Arkansas Judiciary e-filing portal at https://www.arcourts.gov.

SOURCES AND REFERENCES

• Arkansas Rules of Civil Procedure, Rule 4: https://www.arcourts.gov
• Ark. R. Civ. P. 4(c) — By whom served (any person over 18, not a party)
• Ark. R. Civ. P. 4(d)(1) — Personal service; abode service; refusal rule
• Ark. R. Civ. P. 4(d)(2) — Service on incarcerated persons (warden or chief officer)
• Ark. R. Civ. P. 4(d)(3) — Service on minors (parent, guardian, custodian)
• Ark. R. Civ. P. 4(d)(5) — Service on corporations, LLCs, partnerships
• Ark. R. Civ. P. 4(e) — Certified mail, restricted delivery
• Ark. R. Civ. P. 4(f) — Publication (two consecutive weeks; 30-day response period)
• Ark. R. Civ. P. 4(g) — Proof of service (sheriff certificate vs. affidavit)
• Ark. R. Civ. P. 4(i) — 120-day deadline
• Ark. Code Ann. § 16-58-107 — Sheriff's authority to serve process
• Ark. Code Ann. § 16-58-134 — Time limit for service
• Arkansas Secretary of State — Business Entity Search: https://www.sos.arkansas.gov
• Arkansas Judiciary: https://www.arcourts.gov

This template is provided for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a qualified attorney licensed in Arkansas. All service of process must comply with the current version of the Arkansas Rules of Civil Procedure and any applicable local rules or court orders.

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney before use.