AFFIDAVIT OF SERVICE

State of Maine

[COURT CAPTION BLOCK]
• Court: [___ County Superior Court / District Court / Business & Consumer Court]
• Docket No.: [___]
• Case Title: [Plaintiff/Applicant] v. [Defendant/Respondent]

I. DOCUMENT HEADER

1. Affidavit Title: Affidavit of Service (the “Affidavit”)
2. Affiant: [Full Legal Name of Process Server/Affiant] (“Affiant”)
3. Effective Date: [Date Affidavit Signed]
4. Governing Law: This Affidavit is made pursuant to and in conformity with the Maine Rules of Civil Procedure, including but not limited to Me. R. Civ. P. 4(c), 4(d), 4(f) & 4(g).
5. Jurisdiction & Venue: Any challenge to the sufficiency of service evidenced by this Affidavit shall be heard exclusively by the above-captioned court sitting in the State of Maine.

[// GUIDANCE: Maine requires prompt filing of the return of service. Me. R. Civ. P. 4(g) states that the original summons, together with proof of service, must be filed with the clerk “promptly” and in any event within the time during which the person served must respond. File this Affidavit contemporaneously with the executed summons.]

II. DEFINITIONS

For purposes of this Affidavit, the following terms have the meanings set forth below:

1. “Service Documents” – Collectively, the Summons, Complaint, and any other pleadings, orders, or documents required to be served in the above-captioned matter.
2. “Manner of Service” – The specific method authorized by Me. R. Civ. P. 4 by which the Service Documents were delivered, including but not limited to Personal Service, Abode Service, Service by Mail with Acknowledgment, Corporate/LLC Agent Service, or Other Court-Ordered Alternative Service.
3. “Authorized Recipient” – The individual upon whom valid service could be effected under Me. R. Civ. P. 4(d), including the defendant, a person of suitable age and discretion at the defendant’s dwelling, or a statutorily authorized agent.
4. “Substitute Service” – Service accomplished without personal delivery to the defendant, as permitted under Me. R. Civ. P. 4(d)(1)–(3) (e.g., abode service) or other court-ordered methods under Rule 4(f).

[// GUIDANCE: Delete or add definitions as necessary to match the actual method used.]

III. OPERATIVE STATEMENTS OF SERVICE

1. Affiant Identification
   a. Name: [Affiant]
   b. Residence/Business Address: [Street, City, State, ZIP]
   c. Telephone: [(###) ###-####]
   d. Relationship to Parties: ☐ Registered Maine Sheriff/Deputy ☐ Private Process Server ☐ Other: [Describe]
   e. Age Verification: Affiant is over eighteen (18) years of age and is not a party to or otherwise interested in the outcome of this action.

2. Documents Served
   The Affiant served the following Service Documents:
   - Summons dated [______]
   - Complaint dated [______]
   - ☐ Motion/Order [Title] dated [______]
   - ☐ Other [Describe]

3. Manner, Date, Time, and Place of Service
   a. Manner of Service (check one):
   ☐ Personal delivery to the defendant
   ☐ Abode service (left at defendant’s usual dwelling with [Name of person served], a person of suitable age and discretion)
   ☐ Service by mail with signed acknowledgment (attach USPS proof and executed acknowledgment)
   ☐ Corporate/LLC agent service on [Registered Agent Name & Title], authorized agent for service of process
   ☐ Court-ordered alternative service (attach order)
   b. Date of Service: [MM/DD/YYYY]
   c. Time of Service: [HH:MM a.m./p.m.]
   d. Physical Address of Service: [Street, City, State, ZIP]
   e. Description/Identification of Individual Served (if personal or abode service):
   - Sex: [M/F/Other]
   - Approx. Age: [____]
   - Approx. Height/Weight: [____]
   - Other Identifying Features: [____]

4. Substitute Service Details (if applicable)
   If service was not made by personal delivery, Affiant states:
   a. Due Diligence: Affiant attempted personal service on the following dates/times and was unable to effect personal delivery:
   - [Date & Time Attempt #1]
   - [Date & Time Attempt #2]
   - [Date & Time Attempt #3]
   b. Basis for Substitute Service: [E.g., defendant was evading service; court order dated ___ permitting alternative service]
   c. Manner Completed: [Describe – e.g., posting, mail + publication, etc.]

5. Compliance with Timing Requirements
   Affiant affirms that service occurred within ninety (90) days of the filing of the Complaint, as required by Me. R. Civ. P. 4(j), or within any extended period ordered by the Court.

IV. REPRESENTATIONS & WARRANTIES OF AFFIANT

1. Affiant declares under oath and under penalty of perjury that the foregoing statements are true and correct to the best of Affiant’s knowledge, information, and belief.
2. Affiant confirms compliance with all applicable provisions of Me. R. Civ. P. 4, as well as any court orders specifically governing service in this matter.
3. Affiant has maintained contemporaneous records of all attempts to serve and will produce such records upon request of the Court or any party.
4. Affiant understands that willful misrepresentation in this Affidavit may subject Affiant to sanctions for contempt of court and/or prosecution for perjury under 17-A M.R.S.A. § 451.

V. ATTACHMENTS (IF ANY)

☐ Executed Summons (original)
☐ USPS Certified Mail Receipt No. [__]
☐ Signed Acknowledgment of Receipt
☐ Photographs or body camera footage of service
☐ Court Order Authorizing Alternative Service dated [______]
☐ Additional Affidavit(s) of Attempted Service

[// GUIDANCE: Maine clerks typically require the original summons with the signed Proof/Return section attached. Staple this Affidavit behind the original summons to maintain a single filing packet.]

VI. EXECUTION BLOCK

Executed this _ day of _, 20____, at [City], State of Maine.

[Affiant Printed Name]

[Affiant Signature]

NOTARY PUBLIC / ATTORNEY AT LAW

State of Maine, County of [__]

Personally appeared the above-named [Affiant], who being duly sworn, affirmed that the foregoing Affidavit is true based upon Affiant’s own personal knowledge, information, and belief.

Subscribed and sworn to before me this _ day of _, 20____.

Notary Public / Attorney at Law
Print Name: ____
Commission Expires: _______ [if notary]

[Seal]

VII. FILING CERTIFICATION

I, [Name of Filing Counsel or Clerk], certify that this Affidavit of Service, together with the executed summons, is being filed with the Clerk of the [__] Court on this _ day of _, 20____.

Signature

[// GUIDANCE:
1. If service is made outside Maine, ensure compliance with Me. R. Civ. P. 4(e) and attach any foreign proofs of service that substantiate validity under the laws of the place of service.
2. For corporate defendants, verify the registered agent information on file with the Maine Secretary of State before attempting service to avoid jurisdictional challenges.
3. When multiple defendants are served, prepare a separate Affidavit for each unless the court order expressly permits a consolidated return.
4. If substitute service was authorized by court order, attach that order and reference it expressly in Section III.4.
]