AFFIDAVIT OF SERVICE
State of Mississippi
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions (Affiant’s Statements of Service)
IV. Representations & Warranties of Affiant
V. General Provisions
VI. Execution Block & Notarial Certificate
I. DOCUMENT HEADER
Court: [COURT NAME] Court of [COUNTY], Mississippi
Style of Case: [PLAINTIFF NAME(S)] v. [DEFENDANT NAME(S)]
Civil Action No.: [CASE NUMBER]
Affidavit Effective Date: [DATE OF EXECUTION]
Governing Law & Venue: Mississippi procedural law; exclusive venue in the court identified above.
[// GUIDANCE: Insert the exact court and county caption used on the pleadings to avoid rejection by the clerk.]
II. DEFINITIONS
For purposes of this Affidavit, the following capitalized terms have the meanings set forth below:
- “Affiant” means the individual executing this Affidavit and attesting to service of process.
- “Document(s) Served” means each pleading, notice, summons, subpoena, or other paper listed in Section III(A).
- “Personal Service” means hand-delivery of the Document(s) Served directly to the person served, as authorized by Miss. R. Civ. P. 4(d)(1)(A).
- “Substituted Service” means service effected by leaving the Document(s) Served at the usual place of abode with a person of suitable age and discretion then residing therein, as authorized by Miss. R. Civ. P. 4(d)(1)(B).
- “Certified Mail Service” means service by certified mail, return receipt requested, in conformity with Miss. R. Civ. P. 4(c)(5).
- “Service Date” means the calendar date on which the Document(s) Served were delivered, mailed, or otherwise tendered in compliance with Mississippi law.
[// GUIDANCE: Add or delete definitions if a service method other than those above (e.g., publication) is utilized.]
III. OPERATIVE PROVISIONS (AFFIANT’S STATEMENTS OF SERVICE)
A. Identity of Documents Served
1. [e.g., “Summons and Complaint”]
2. [Additional documents, if any]
B. Method(s) of Service Employed (check all that apply):
☐ Personal Service ☐ Substituted Service ☐ Certified Mail Service ☐ Other: [Describe]
C. Particulars of Service
1. Service Date: [MM/DD/YYYY]
2. Exact Time of Service (24-hr): [HH:MM]
3. Location of Service: [PHYSICAL ADDRESS]
4. Name of Person Served or Recipient of Substituted Service: [NAME]
5. Relationship of Recipient to Defendant (if Substituted Service): [RELATIONSHIP]
6. Certified Mail Tracking No. (if applicable): [NUMBER]
7. Return Receipt Attached: ☐ Yes ☐ N/A
D. Compliance Statement
Affiant affirms that the above method(s) of service fully comply with Mississippi Rule of Civil Procedure 4, including the 120-day time limit for service set forth in Rule 4(h), and that no court order extending such period was required or, if required, was duly obtained.
[// GUIDANCE: If service is being perfected after the 120-day period, attach the court’s extension order and reference it here.]
IV. REPRESENTATIONS & WARRANTIES OF AFFIANT
- Capacity. Affiant is at least eighteen (18) years of age, competent to testify, and not a party to nor interested in the outcome of the above-styled action.
- Authorization. Affiant is duly authorized to effect service under Mississippi law, being:
☐ A Mississippi sheriff or deputy sheriff
☐ A process server specially appointed by the court (Order attached)
☐ An individual designated under Miss. R. Civ. P. 4(c)(3) - Accuracy. All statements herein are true and correct to the best of Affiant’s knowledge, information, and belief, formed after reasonable inquiry.
- Attachments. All exhibits referenced herein (e.g., signed return receipt, photographs, GPS logs) are incorporated by reference and form a part of this Affidavit.
- Survival. These representations survive filing and may be relied upon by the court in adjudicating the sufficiency of service.
V. GENERAL PROVISIONS
- Amendment; Supplementation. Affiant shall promptly supplement this Affidavit if additional or corrective information becomes known.
- Severability. If any part of this Affidavit is held invalid, the remainder shall remain in full force to the maximum extent permitted by law.
- Integration. This writing constitutes the entire affidavit of service concerning the Document(s) Served.
- Counterparts; Electronic Signatures. This Affidavit may be executed in counterparts and by electronic or facsimile signature, each deemed an original.
[// GUIDANCE: Electronic signatures are accepted in Mississippi courts that have adopted e-filing; confirm the specific court’s local rules.]
VI. EXECUTION BLOCK & NOTARIAL CERTIFICATE
I, [AFFIANT NAME], solemnly swear or affirm under oath and under penalty of perjury under the laws of the State of Mississippi that the foregoing is true and correct.
[ AFFIANT NAME ]
[AFFIANT ADDRESS]
[PHONE] | [EMAIL]
Mississippi Process Server ID No. [ID] (if applicable)
Subscribed and sworn to (or affirmed) before me this _ day of _, 20____.
Notary Public, State of Mississippi
My Commission Expires: ________
[// GUIDANCE:
1. Attach all referenced exhibits immediately after the notarial certificate.
2. File the executed affidavit with the clerk of court promptly after service.
3. Retain a conformed copy for your records in case service is later contested.]