Idaho Service Affidavit (Proof of Service)

AFFIDAVIT OF SERVICE

Idaho District Court

1. CASE CAPTION

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________________________]

[________________________________],
Plaintiff / Petitioner,

v.              Case No. [________________________________]

[________________________________],
Defendant / Respondent.

AFFIDAVIT OF SERVICE

2. AFFIANT INFORMATION

I, [________________________________] ("Affiant"), being first duly sworn upon oath, depose and state as follows:

1. I am over the age of eighteen (18) years, am competent to testify to the matters stated herein, and am not a party to this action.

2. My authorization to serve process is as follows (check one):

☐ I am the Sheriff of [________________________________] County, Idaho, or a duly appointed deputy thereof
☐ I am a peace officer of the State of Idaho
☐ I am a court marshal
☐ I am a private person over the age of 18, authorized to serve process under I.R.C.P. 4(b)
☐ I am a licensed private investigator (Idaho License No. [________________________________])
☐ I am a professional process server

3. Contact information:

Full Legal Name: [________________________________]
Business Name (if applicable): [________________________________]
Street Address: [________________________________]
City: [________________________________], State: [____], Zip: [____]
Telephone: [________________________________]
Email: [________________________________]
Idaho Process Server License/ID (if applicable): [________________________________]

3. DOCUMENTS SERVED

I served the following documents in the above-captioned matter:

☐ True and correct copies of each document listed above were served.
☐ Original documents were served (where required by court order or rule).

4. PERSON OR ENTITY SERVED

A. Identity of Person Served

Name of person upon whom service was made: [________________________________]

Capacity in which person was served (check one):

☐ Individually — as a named party to this action
☐ As registered agent for [________________________________] (entity name)
☐ As officer/managing agent of [________________________________] (entity name)
☐ As person of suitable age and discretion at the usual place of abode of [________________________________]
☐ As the Secretary of State of the State of Idaho, as authorized agent under Idaho Code § [________________________________]
☐ As guardian/conservator for [________________________________]
☐ Other capacity: [________________________________]

B. Description of Person Served (for personal and substitute service)

5. METHOD OF SERVICE

A. Service Method (check one)

☐ Personal Service (I.R.C.P. 4(d)(2)) — I personally delivered copies of the above-listed documents directly to the person named in Section 4.

☐ Abode Service / Substitute Service (I.R.C.P. 4(d)(2)) — I left copies of the above-listed documents at the dwelling or usual place of abode of the party to be served, with [________________________________], a person of suitable age and discretion who resides therein. The person served is at least 18 years of age.

☐ Service on Agent (I.R.C.P. 4(d)(2)) — I delivered copies of the above-listed documents to [________________________________], who is an agent authorized by appointment or by law to receive service of process for [________________________________].

☐ Service on Corporation / LLC / Partnership (I.R.C.P. 4(d)(3-5)) — I delivered copies of the above-listed documents to [________________________________], who is the:
☐ Officer
☐ Director
☐ Managing agent
☐ General partner
☐ Registered agent
of [________________________________] (entity name).

☐ Service on State of Idaho or Political Subdivision (I.R.C.P. 4(d)(6)) — I delivered copies to:
☐ The Attorney General of the State of Idaho
☐ The chief executive officer or clerk of [________________________________] (political subdivision)

☐ Service by Certified or Registered Mail (I.R.C.P. 4(e)(1)) — I mailed copies of the above-listed documents by:
☐ Certified mail, return receipt requested
☐ Registered mail, return receipt requested
to: [________________________________]
Postal receipt / tracking number: [________________________________]
Date of mailing: [__/__/____]
Date receipt signed: [__/__/____]
Name of person who signed receipt: [________________________________]
☐ Signed return receipt is attached as Exhibit [____]

☐ Service by Regular Mail (I.R.C.P. 4(e)(2)) — I mailed copies by first-class mail, postage prepaid, to:
[________________________________]
Date of mailing: [__/__/____]
☐ An acknowledgment of service form was included
☐ The executed acknowledgment was returned on [__/__/____] and is attached as Exhibit [____]

☐ Service by Publication (I.R.C.P. 4(e)(3)) — Pursuant to court order dated [__/__/____], copies were published in [________________________________] (newspaper name), a newspaper of general circulation in [________________________________] County, Idaho, once per week for [____] consecutive weeks, on the following dates:
Week 1: [__/__/____]
Week 2: [__/__/____]
Week 3: [__/__/____]
☐ Affidavit of publication from the newspaper is attached as Exhibit [____]
☐ A copy of the documents was also mailed to the party's last known address on [__/__/____]

☐ Service Outside the State (I.R.C.P. 4(f)) — Service was made outside the State of Idaho by:
☐ Personal delivery in [________________________________] (state/country)
☐ Certified/registered mail to address in [________________________________]
☐ As prescribed by the law of the place where service was made
☐ As directed by court order dated [__/__/____]

☐ Other Method (as authorized by court order) — Description: [________________________________]
Court order authorizing service dated: [__/__/____]
☐ Copy of court order attached as Exhibit [____]

B. Service Date and Time

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

C. Service Location

Street Address: [________________________________]
City: [________________________________]
County: [________________________________]
State: [________________________________]
Zip Code: [____]

Type of location:
☐ Residence / dwelling
☐ Usual place of abode
☐ Place of business / office
☐ Registered agent's office
☐ Other: [________________________________]

6. DUE DILIGENCE FOR SUBSTITUTE OR ALTERNATIVE SERVICE

(Complete this section only if personal service was not accomplished on the first attempt)

A. Prior Attempts at Personal Service

B. Additional Due Diligence Steps

☐ Verified address through public records search on [__/__/____]
☐ Searched Idaho Secretary of State business records on [__/__/____]
☐ Checked county assessor/recorder records on [__/__/____]
☐ Conducted skip trace / database search on [__/__/____]
☐ Attempted contact at known place of employment: [________________________________]
☐ Spoke with neighbor/occupant at last known address who stated: [________________________________]
☐ Verified with postal service (forwarding address inquiry) on [__/__/____]
☐ Other efforts: [________________________________]

C. Circumstances of Service

☐ Party refused to accept service. Description of refusal: [________________________________]

☐ Documents were left at the feet / near the person after refusal to physically accept

☐ Other circumstances: [________________________________]

7. COMPLIANCE STATEMENT

I declare that:

1. The method of service described above is authorized by the Idaho Rules of Civil Procedure, specifically I.R.C.P. 4, and was completed in compliance with all applicable rules and court orders.

2. Service was completed within the time prescribed by Idaho law and any applicable court order. Under I.R.C.P. 4(a)(2), the summons and complaint must be served within six (6) months after filing, unless the court extends the time for good cause.

3. ☐ Where substitute service or service by publication was used, a court order authorizing such service was obtained prior to effecting service. (Attach court order as Exhibit [____].)

4. ☐ All applicable exhibits, including return receipts, affidavits of publication, and copies of relevant court orders, are attached hereto.

8. EXHIBITS ATTACHED

9. DECLARATION AND SIGNATURE

I declare under penalty of perjury pursuant to the laws of the State of Idaho (Idaho Code § 9-1406) that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

FURTHER YOUR AFFIANT SAYETH NAUGHT.

Date: [__/__/____]

[________________________________]
Signature of Affiant

Printed Name: [________________________________]
Address: [________________________________]
City: [________________________________], State: [____], Zip: [____]
Telephone: [________________________________]
Email: [________________________________]

10. NOTARIZATION

STATE OF IDAHO    )
          ) ss.
County of [________________________________] )

On this [____] day of [________________________________], 20[____], before me, the undersigned, a Notary Public in and for said State, personally appeared [________________________________], known or identified to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and who, being by me first duly sworn, deposes and states that the contents of the foregoing Affidavit of Service are true and correct.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.

[________________________________]
Notary Public for the State of Idaho
Residing at: [________________________________]
My commission expires: [__/__/____]

[SEAL]

11. FILING INSTRUCTIONS

1. Filing Deadline: File this Affidavit of Service with the clerk of the court promptly after service is completed, as required by I.R.C.P. 4(g). While no specific day count is prescribed by the rule, prompt filing is expected, and failure to file proof of service may delay the case.

2. Multiple Defendants: Use a separate Affidavit of Service for each person or entity served, or clearly separate the factual recitals for each recipient within a single affidavit.

3. Substitute or Publication Service: Attach the court order authorizing substitute or publication service, along with any proof of publication (affidavit from newspaper publisher).

4. Certified Mail: Attach the signed return receipt (green card) or postal tracking documentation showing delivery.

5. Privacy: Redact personal identifiers such as Social Security numbers, dates of birth, and financial account numbers before filing, in compliance with Idaho Court Administrative Rule 32 (Privacy and Public Access to Court Records).

6. Electronic Filing: If the court participates in the iCourt electronic filing system, this affidavit should be filed electronically through the Idaho Supreme Court Electronic Filing System (https://www.idcourts.us).

Sources and References

• Idaho Rules of Civil Procedure, Rule 4 — Summons and Service of Process: https://isc.idaho.gov/ircp4-new
• I.R.C.P. 4(a) — Issuance of summons; time limit for service (6 months)
• I.R.C.P. 4(b) — By whom process may be served (sheriff, deputy, person over 18)
• I.R.C.P. 4(d) — Personal service within the state (individuals, corporations, government)
• I.R.C.P. 4(e) — Other service within the state (mail, publication)
• I.R.C.P. 4(f) — Service outside the state
• I.R.C.P. 4(g) — Proof of service (affidavit requirements by service type)
• Idaho Code § 9-1406 — Affidavit requirements
• Idaho Court Administrative Rule 32 — Privacy and Public Access to Court Records
• Idaho Supreme Court Electronic Filing: https://www.idcourts.us
• ServeNow Idaho Process Serving Laws: https://www.serve-now.com/resources/process-serving-laws/idaho