AFFIDAVIT OF SERVICE

(Maryland – Circuit & District Courts)

[// GUIDANCE: This template is drafted to comply with Md. Rule 2-126 (Circuit Court) and Md. Rule 3-126 (District Court). It allows counsel or a private process server to document any authorized method of service under Md. Rules 2-121 or 3-121, including substitute service and certified mail. Tailor the bracketed fields, delete inapplicable options, and attach all referenced exhibits (e.g., signed return receipt).*]

I. DOCUMENT HEADER

Court: Circuit ☐ / District ☐ Court for the County / City of [____], Maryland
Case Caption: [Plaintiff] v. [Defendant]
Case No.: [______]
Document Title: Affidavit of Service
Effective Date: [DATE]

II. DEFINITIONS

For purposes of this Affidavit:

1. “Affiant” means the individual executing this Affidavit, whose identifying information is set forth in § III(A).
2. “Process” means the pleading(s), writ(s), subpoena(s), or other document(s) required to be served in the above-captioned matter.
3. “Service Date” means the calendar date on which Process was delivered, mailed, or otherwise served as described in § III(C).
4. “Service Address” means the physical or mailing address at which Process was served.

III. OPERATIVE STATEMENTS (PROOF OF SERVICE)

A. Affiant Information
1. Name: [____]
2. Address: [___]
3. Telephone: [__]
4. E-mail (optional): [__]
5. Relationship to the Action: ☐ Sheriff/Deputy ☐ Private Process Server ☐ Counsel of Record ☐ Other: [_]

B. Documents Served
• [List each pleading, summons, notice, or other document, with date of issuance.]

C. Method(s) of Service
[Select all that apply and complete corresponding details.]

1. Personal Delivery (Md. Rule 2-121(a)(1))
   – Date: [_] Time: [___] a.m./p.m.
   – Served personally upon: [Name of Recipient] at [Service Address].

2. Substitute Service at Dwelling (Md. Rule 2-121(a)(2))
   – Date: [_] Time: [___] a.m./p.m.
   – Left with: [Name, Relationship, Age ≥ 18] at [Service Address], the defendant’s usual place of abode.

3. Certified Mail, Restricted Delivery (Md. Rule 2-121(a)(3))
   – Tracking No.: [____]
   – Mailing Date: [] Delivery Date (per return receipt): [__]
   – Signed return receipt attached as Exhibit A.

4. Private Process – Corporation/LLC (Md. Rule 2-124)
   – Name & Title of Person Served: [____]
   – Entity Served: [Legal Name]
   – Service Address: [______]

5. Other Court-Approved Method ☐ (explain & cite order/rule): [_________]

D. Service Date
The Service Date for purposes of Md. Rule 2-126 / 3-126 is: [DATE].

E. Prompt Filing
Affiant will file / has filed this Affidavit promptly and, in any event, within the time allowed for the recipient’s responsive pleading, in accordance with Md. Rule 2-126(c) / 3-126(c).

IV. SUBSTITUTE-SERVICE STATEMENT (If Applicable)

1. After diligent efforts, personal service was impracticable because: [Descriptive facts—minimum three diligent attempts at different times/days].
2. The individual with whom the documents were left is of suitable age and discretion and resides at the defendant’s usual place of abode.
3. Notice of the mailing of Process was sent to the defendant at the same address on [DATE] via first-class mail, postage prepaid.

V. REPRESENTATIONS & WARRANTIES OF AFFIANT

1. Competence: Affiant is competent to testify to the matters stated herein.
2. Truthfulness: All statements are true and correct to the best of Affiant’s personal knowledge, information, and belief.
3. Compliance: Service was effected in strict conformity with the Maryland Rules cited above and any applicable court order.

VI. DECLARATION UNDER OATH

I, the undersigned Affiant, solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of this Affidavit are true.

VII. EXECUTION & NOTARIAL BLOCK

Executed on this ___ day of ___, 20_, at [City], Maryland.

[AFFIANT NAME], Affiant

STATE OF MARYLAND
COUNTY / CITY OF ___, to wit:

On this ___ day of ___, 20_, before me, the undersigned Notary Public, personally appeared [Affiant Name], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and who, having been duly sworn, acknowledged that the statements therein are true and correct.

Notary Public

My Commission Expires: _____

[Seal]

VIII. ATTACHMENTS (check if attached)

☐ Exhibit A – Signed Certified-Mail Return Receipt
☐ Exhibit B – Photographic Evidence of Service Location
☐ Exhibit C – Diligence Log for Substitute Service
☐ Other: [________]

IX. STRATEGIC GUIDANCE FOR PRACTITIONERS

[// GUIDANCE:
1. Venue-Specific Heading – Some Maryland circuits require an additional “CERTIFICATE OF SERVICE” caption; confirm local standing orders.
2. Private Process Server Appointment – Except for sheriffs, private individuals must be ≥ 18 and not parties to the action. No court appointment is required unless serving outside Maryland.
3. Timing Pitfalls – Service must ordinarily be completed within 60 days after issuance of original process (Md. Rule 2-113). Track the 60-day window to avoid dismissal without prejudice.
4. Multiple Defendants – Use one Affidavit per defendant to reduce motion practice over defective service.
5. Electronic Signatures – Maryland courts permit electronic notarization under Md. Code, State Gov’t § 18-214; verify your notary’s compliance with the remote-notary regulations issued by the Secretary of State.
]

© [YEAR] [LAW FIRM NAME]. All rights reserved. This template is provided solely for use by licensed attorneys.