AFFIDAVIT OF SERVICE
(State of Oregon – Litigation Form)
[// GUIDANCE: This template is designed to comply with Oregon state procedural requirements for proving service of process or other litigation documents. It may be filed in any Oregon trial court once customized. Bracketed terms must be completed or deleted before use. Sections that are not applicable may be marked “Intentionally Omitted” to streamline the final filing.]
I. DOCUMENT HEADER
Caption
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [COUNTY]Case No.: [CASE NUMBER]
[PLAINTIFF NAME], Plaintiff,
v.
[DEFENDANT NAME], Defendant.
Title
AFFIDAVIT OF SERVICE
Recitals
1. I, [AFFIANT NAME] (the “Affiant”), am over the age of eighteen (18) years, competent to testify, and not a party to, or otherwise interested in, the above-captioned action.
2. I make this Affidavit on [DATE OF SIGNING] in the State of Oregon pursuant to the Oregon Rules of Civil Procedure and applicable local court rules (collectively, the “Procedural Rules”) to provide formal proof that the documents identified below were served in strict conformity with Oregon law.
II. DEFINITIONS
For purposes of this Affidavit, the following capitalized terms shall have the meanings set forth below:
- “Service Documents” means the pleadings, notices, subpoenas, or other legal papers listed in Section III below.
- “Service Recipient” means the person or entity upon whom the Service Documents were lawfully served.
- “Authorized Recipient” means a person lawfully authorized under the Procedural Rules to accept substitute service on behalf of the Service Recipient.
- ““Service Method” means the manner of service employed (e.g., Personal Service, Substitute Service, Service by Mail, or any other method expressly permitted by the Procedural Rules).
- ““Service Date” means the calendar date on which service was completed under the Procedural Rules.
[// GUIDANCE: Delete or add defined terms as needed. Maintain consistent capitalization throughout the document.]
III. OPERATIVE PROVISIONS
3.1 Identification of Service Documents
The following documents were delivered:
| Document Title | Date Issued | Page Count | Additional Identifiers |
|---|---|---|---|
| [e.g., Summons] | [MM/DD/YYYY] | [#] | [File Stamp/Bar Code] |
| [Complaint] | [MM/DD/YYYY] | [#] | [—] |
| [Add rows as needed] |
3.2 Method, Date, Time, and Location of Service
- Service Method: [PERSONAL / SUBSTITUTE / MAIL / OTHER (specify)]
- Service Date: [MM/DD/YYYY]
- Time of Service: [HH:MM a.m./p.m.]
- Location of Service: [Street Address, City, State, ZIP]
3.3 Detailed Service Statement
A. Personal Service:
On the Service Date, I personally delivered the Service Documents to [SERVICE RECIPIENT NAME] at the above-referenced Location. The individual personally accepted the documents and verbally confirmed identity.
B. Substitute Service:
On the Service Date, after making diligent efforts consistent with the Procedural Rules, I delivered the Service Documents to [AUTHORIZED RECIPIENT NAME], a person of suitable age and discretion residing at the Service Recipient’s usual place of residence. The documents were thereafter mailed, first-class postage prepaid, to the Service Recipient at the same address on [DATE OF MAILING], as evidenced by the certificate of mailing attached hereto as Exhibit A.
C. Service by Mail:
On the Service Date, I deposited true copies of the Service Documents in the United States mail, first-class postage prepaid, addressed to [SERVICE RECIPIENT NAME] at [MAILING ADDRESS], together with the statutory Notice and Acknowledgment of Receipt form.
[// GUIDANCE: Retain only the paragraph(s) that correspond to the actual method(s) used; delete inapplicable paragraphs before filing.]
3.4 Timing Compliance
Service was effected within the period prescribed by the Procedural Rules (currently, [insert days] days after filing the initiating pleading).
3.5 Proof of Diligence (if substitute service or mailed service used)
A log of all attempts and investigative steps is attached as Exhibit B and incorporated herein by reference.
IV. REPRESENTATIONS & WARRANTIES
- Affiant represents and warrants that all statements contained in this Affidavit are true and correct to the best of Affiant’s knowledge, information, and belief.
- Affiant further warrants that the Service Method employed complies with the requirements of the Procedural Rules, including but not limited to:
a. Manner of delivery;
b. Identity verification of the Service Recipient or Authorized Recipient; and
c. Postal and timing requirements for mailed or substitute service.
V. COVENANTS & RESTRICTIONS
- Affiant covenants to maintain, for not less than ten (10) years, contemporaneous records supporting the statements herein and to make such records available upon lawful request or subpoena.
- Affiant agrees to appear at any hearing or trial to give testimony regarding the facts stated in this Affidavit, if required by the court.
VI. DEFAULT & REMEDIES
Failure by Affiant to provide truthful information herein subjects Affiant to penalties for perjury under Oregon law and may result in sanction by the court, including monetary fines and exclusion of Affidavit from evidence.
VII. RISK ALLOCATION
Intentionally Omitted. No indemnification, limitation of liability, or insurance provisions are applicable to this Affidavit of Service.
VIII. DISPUTE RESOLUTION
Intentionally Omitted. Any challenge to the sufficiency of service will be determined by the court presiding over the underlying action in accordance with Oregon law.
IX. GENERAL PROVISIONS
- Amendment. This Affidavit may be amended only by a subsequent sworn statement expressly referencing and supplementing or correcting this document.
- Severability. Should any provision of this Affidavit be declared invalid, all remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
- Integration. This Affidavit constitutes the entire sworn statement of Affiant regarding the matters set forth herein and supersedes any prior oral or written statements relating thereto.
X. EXECUTION BLOCK
I declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct.
[AFFIANT NAME]
[Affiant’s Street Address]
[City, State ZIP]
[Telephone Number]
Subscribed and sworn before me on this ___ day of ____ 20__, by [AFFIANT NAME], who is personally known to me or produced satisfactory identification.
Notary Public for the State of Oregon
My Commission Expires: ___
EXHIBIT A
Certificate of Mailing
[Attach USPS certificate or other proof of mailing.]
EXHIBIT B
Log of Service Attempts
| Date | Time | Location | Result/Notes |
|---|---|---|---|
| [MM/DD/YYYY] | [HH:MM] | [Address] | [Unsuccessful – no answer] |
| [Add rows as needed] |
[// GUIDANCE:
1. Review local county supplemental rules for any additional affidavits or proof-of-service formatting requirements.
2. Confirm that any attachments (e.g., photographs, delivery receipts, tracking confirmations) are clearly labeled and referenced in Sections III or Exhibits.
3. For substitute or mailed service, double-check that timing of follow-up mailings complies with current Oregon time-counting rules (weekends, holidays, etc.).
4. Remove these guidance comments and any unused placeholders prior to filing.]