AFFIDAVIT OF SERVICE
(State of Louisiana)
[COURT CAPTION]
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PARISH OF __ DOCKET NO. __
[Section/Division] COURT: [_____]
AFFIDAVIT OF SERVICE
[// GUIDANCE: This template is designed for use in Louisiana state-court litigation. It tracks the Louisiana Code of Civil Procedure requirements for personal, domiciliary, and substitute service; incorporates timing obligations; and provides sworn statements suitable for filing with any Louisiana district court. Customize all bracketed items before use.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. This instrument is an Affidavit of Service (the “Affidavit”).
1.2 Effective Date. This Affidavit is made effective as of the ___ day of _, 20 (the “Effective Date”).
1.3 Parties.
(a) Affiant: [Full Legal Name], an individual of full age of majority, whose mailing address is [_____].
(b) Case Parties: [Plaintiff] v. [Defendant] (collectively, the “Case Parties”).
1.4 Governing Law & Jurisdiction. This Affidavit is governed by, and shall be construed in accordance with, the procedural laws of the State of Louisiana; exclusive venue lies in the state court identified in the caption above.
2. DEFINITIONS
For purposes of this Affidavit, the following capitalized terms have the meanings set forth below:
“Affiant” – The individual executing this Affidavit who effected service of process.
“Authorized Service Method” – Any method of service permitted under the Louisiana Code of Civil Procedure and applicable local rules, including personal, domiciliary, or substitute service.
“Date of Service” – The calendar date on which the Service Documents were delivered in accordance with an Authorized Service Method.
“Service Address” – The physical location or mailing address at which service was effected.
“Service Documents” – The citation, petition, subpoena, or other legal documents identified in Section 3.2.
“Substitute Recipient” – A person of suitable age and discretion who accepted service on behalf of the party to be served, where domiciliary or substitute service is authorized.
[// GUIDANCE: Add, delete, or modify defined terms to match the pleadings served.]
3. OPERATIVE PROVISIONS
3.1 Capacity of Affiant. Affiant is (check one): ☐ a Louisiana sheriff’s deputy; ☐ a court-appointed private process server; ☐ a person specially appointed under court order. Affiant is not a party to this action, is over eighteen (18) years of age, and is competent to testify to the matters stated herein.
3.2 Identification of Service Documents. Affiant served the following documents (collectively, the “Service Documents”):
1. [Citation/Summons] issued on //20;
2. [Petition/Complaint/Subpoena/etc.] filed on //20;
3. [Any accompanying orders or exhibits].
3.3 Method, Date, Time, and Place of Service.
(a) Method: ☐ Personal ☐ Domiciliary ☐ Substitute ☐ Certified Mail (Long-Arm) ☐ Other: [_].
(b) Date of Service: //20 at : ☐ a.m. ☐ p.m.
(c) Service Address: [Street, City, Parish, State, ZIP].
(d) If domiciliary or substitute service: Name of Substitute Recipient: ___; relationship to party served: _____.
3.4 Compliance Statement. Affiant effected service using an Authorized Service Method in full compliance with the Louisiana Code of Civil Procedure, any applicable long-arm statute, court order, and local rules governing service of process.
3.5 Timeliness. Service was completed within the time period prescribed by Louisiana law and any court-imposed deadlines, specifically within [___] days of [issuance of citation / filing of petition / court order], and before any scheduled hearings or return dates.
3.6 Proof of Delivery (if by mail). If service was made by certified or registered mail, the domestic return receipt bearing tracking no. ______ is attached hereto as Exhibit A.
3.7 Fees and Mileage. The statutory fee of $_ and mileage of $_ were (☐ collected ☐ waived). Affiant will tender a cost bill upon request.
4. REPRESENTATIONS & WARRANTIES
4.1 Accuracy. Affiant represents and warrants that all statements made herein are true and correct to the best of Affiant’s personal knowledge, information, and belief.
4.2 Authorization. Affiant is duly authorized to serve process in the State of Louisiana and has satisfied any bonding or licensing requirements applicable to private process servers.
4.3 Independence. Affiant is disinterested in the outcome of the above-captioned proceeding and has no familial, financial, or professional relationship with any Case Party, except as retained to effect service.
4.4 Survival. The representations and warranties contained in this Affidavit shall survive filing with the Court and may be relied upon by the Court and all Case Parties.
5. COVENANTS & RESTRICTIONS
5.1 Continuing Duty. Affiant covenants to supplement or amend this Affidavit promptly upon discovery of any material inaccuracy.
5.2 Confidentiality. Affiant shall keep confidential any non-public information obtained in the course of service, except as required for lawful proof of service or by court order.
6. DEFAULT & REMEDIES
6.1 Perjury. Any wilful false statement in this Affidavit exposes Affiant to penalties for perjury under Louisiana law.
6.2 Contempt. Failure to comply with a court order regarding service may subject Affiant to contempt sanctions.
[// GUIDANCE: Additional remedies are rarely needed for an affidavit but may be inserted if the appointing order so requires.]
7. RISK ALLOCATION
7.1 Limitation of Liability. Except for willful misconduct or gross negligence, Affiant’s liability arising from or related to this Affidavit is limited to the amount of fees actually received for the service described herein.
7.2 Indemnification. Not applicable.
8. DISPUTE RESOLUTION
8.1 Governing Law. All disputes relating to the validity, interpretation, or enforcement of this Affidavit shall be resolved under Louisiana state procedural law.
8.2 Forum Selection. The state court identified in the caption above shall have exclusive jurisdiction; arbitration and jury trial waivers are not applicable to this Affidavit.
9. GENERAL PROVISIONS
9.1 Severability. If any provision of this Affidavit is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.2 Counterparts. This Affidavit may be executed in multiple counterparts, each of which shall be deemed an original and all of which together constitute one instrument.
9.3 Electronic Signatures. Facsimile, scanned, or electronically-signed copies of this Affidavit shall be treated as originals for all purposes permitted under Louisiana law.
9.4 Entire Affidavit. This document constitutes the entire affidavit of service relating to the Service Documents and supersedes all prior or contemporaneous proofs of service regarding the same transaction.
10. EXECUTION BLOCK
I, the undersigned Affiant, being duly sworn, do hereby declare under oath that the foregoing is true and correct.
[Affiant’s Printed Name]
Affiant’s Signature Date: ___ / ___ / 20___
STATE OF LOUISIANA
PARISH OF ______
Subscribed and sworn to before me, the undersigned Notary Public, this ___ day of __, 20_.
Notary Public
Bar/Notary No.: ____
My commission expires: ____
[// GUIDANCE:
1. Attach any required exhibits (e.g., certified mail receipts, photographs of service location, court order appointing a private process server).
2. File the original Affidavit with the clerk of court promptly after service—generally within the time frame set by the court’s scheduling order or local rule.
3. Retain a conformed copy for your records.
]