AFFIDAVIT OF SERVICE
(State of Colorado)
[// GUIDANCE: This template is drafted to comply with the Colorado Rules of Civil Procedure (“CRCP”), principally Rule 4 (Service of Process) and Rule 5 (Service and Filing of Pleadings and Other Papers). It is intended for use in Colorado state-court matters. Customize all bracketed terms, delete guidance comments before filing, and confirm that service fully satisfies the operative court’s Standing Orders and any local rule variations.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Statements of Service
- Substitute Service (If Applicable)
- Affiant’s Representations & Acknowledgments
- Notarial Block
1. DOCUMENT HEADER
Affiant: [NAME OF PROCESS SERVER OR OTHER AFFIANT]
Affiant’s Address: [STREET], [CITY], [STATE] [ZIP]
Court: [NAME OF COURT], [COUNTY], Colorado
Case No.: [XXXXXXXX]
Plaintiff(s): [PLAINTIFF NAME(S)]
Defendant(s): [DEFENDANT NAME(S)]
Legal Document(s) Served: [COMPLAINT / SUMMONS / SUBPOENA / ETC.]
Date of Execution of Affidavit: [DATE]
2. DEFINITIONS
For purposes of this Affidavit:
“Documents” means each pleading, notice, writ, subpoena, or other paper listed in Section 1 above.
“Service Address” means the physical address at which personal or substitute service was attempted or effected, identified in ¶ 3.4.
“Service Date” means the calendar date on which service was completed in conformity with CRCP 4.
“Substitute Service” has the meaning set forth in CRCP 4(e)(1) and, if ordered by the Court, the terms of the applicable order authorizing alternative service.
3. OPERATIVE STATEMENTS OF SERVICE
I, [AFFIANT NAME], being of lawful age, duly sworn upon oath, depose and state as follows:
3.1 Capacity. I am a:
☐ Licensed Colorado process server (Registration/Lic. No.: [NUMBER]); OR
☐ Sheriff’s deputy for the County of [COUNTY]; OR
☐ Individual over the age of 18, not a party to this action, authorized under CRCP 4 to serve process.
3.2 Documents Served. On the Service Date, I served the Documents identified in Section 1.
3.3 Method of Service (check all that apply):
☐ Personal delivery to the individual named in the caption.
☐ Personal delivery to an officer, managing or general agent of the corporate/LLC defendant.
☐ Substitute Service as detailed in Section 4 below.
☐ Certified U.S. Mail, Return Receipt Requested, per CRCP 4(g).
☐ Other court-authorized method: [DESCRIBE].
3.4 Date, Time, and Location. Service occurred on [DATE] at [TIME] a.m./p.m. at [Service Address].
3.5 Identity of Person Served. The Documents were delivered to:
☐ [NAME], the named defendant.
☐ [NAME], designated agent for service of process.
☐ Other (state relationship and title): [DESCRIBE].
3.6 Description of Recipient. Gender: [ ], Approx. Age: [ ], Height: [ ], Weight: [ ], Hair: [ ], Other distinguishing features: [ ].
3.7 Attempts Prior to Completion (if any).
Attempt 1: [DATE/TIME], Result: [NO ANSWER / REFUSED / ETC.]
Attempt 2: [DATE/TIME], Result: [ ].
Attempt 3: [DATE/TIME], Result: [ ].
3.8 Fees. I charged a total of $[AMOUNT] for service and mileage, which is reasonable and recoverable under CRCP 54(d).
4. SUBSTITUTE SERVICE (IF APPLICABLE)
4.1 Preconditions. After exercising due diligence, personal service could not be accomplished for the reasons stated in ¶ 3.7.
4.2 Court Authorization (if required). An Order dated [DATE] in this case authorized substitute or alternative service pursuant to CRCP 4(f).
4.3 Manner of Substitute Service. Service was effected by:
☐ Leaving the Documents at the usual abode of the defendant with [NAME], a person over the age of 18 and member of the household.
☐ Posting the Documents in a conspicuous place at the defendant’s usual abode AND mailing a true copy to the same address via first-class mail, postage prepaid, on [DATE].
☐ Other method expressly authorized by the Court: [DESCRIBE].
4.4 Mailing Confirmation (if applicable). Tracking/Receipt No.: [NUMBER]; Delivery confirmed on [DATE].
[// GUIDANCE: Where substitute service is used, attach the Court’s order authorizing such service or reference the docket number if the order is already of record.]
5. AFFIANT’S REPRESENTATIONS & ACKNOWLEDGMENTS
5.1 Accuracy. I declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct.
5.2 Compliance. Service was performed in full compliance with CRCP 4 and all applicable Colorado statutes and rules governing service of process.
5.3 Availability for Testimony. I am competent to testify to the matters stated herein and will appear in court if so subpoenaed.
5.4 Privacy Compliance. No personal data beyond that minimally necessary to identify the recipient has been disclosed herein.
6. NOTARIAL BLOCK
State of Colorado )
) ss.
County of [COUNTY] )
Subscribed and sworn to before me this [DAY] day of [MONTH], [YEAR], by [NAME OF AFFIANT].
Notary Public
My commission expires: [DATE]
Notary ID #: [NUMBER]
[// GUIDANCE: Attach any required exhibits, e.g., postal receipts, photographs of posted Documents, or the Court’s order authorizing alternative service. Review local rules for additional certificate-of-service language that may be necessary if this Affidavit is filed electronically.]