AFFIDAVIT OF SERVICE
[COURT NAME]
[DOCKET NO.]
TABLE OF CONTENTS
- Document Header
- Definitions (Optional)
- Operative Provisions
- Representations & Warranties
- Covenants (Limited)
- Default & Remedies (Perjury)
- Dispute Resolution & Governing Law
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Affidavit of Service (the “Affidavit”) is executed as of [DATE] (the “Effective Date”) by [AFFIANT NAME] (the “Affiant”) in connection with the matter styled [PLAINTIFF NAME] v. [DEFENDANT NAME] (the “Action”) pending before the [COURT NAME] in the State of Rhode Island, bearing Docket/Case No. [DOCKET NO.]
The Affiant submits this Affidavit pursuant to Rule 4 of the Rhode Island Rules of Civil Procedure (“R.I. R. Civ. P. 4”) as evidence of lawful service of process within the State of Rhode Island.
[// GUIDANCE: Insert court caption header above if jurisdiction requires.]
2. DEFINITIONS (Optional – delete if unnecessary)
“Applicable Rules” means R.I. R. Civ. P. and any standing orders of the [COURT NAME] governing service of process and proof thereof.
“Service Documents” means collectively the pleadings, summonses, subpoenas, notices, or other legal papers listed in Section 3.2 that were served by Affiant.
3. OPERATIVE PROVISIONS
3.1 Capacity of Affiant
The Affiant states that they are:
a. At least 18 years of age;
b. A resident of [STATE] or otherwise authorized to serve process in Rhode Island; and
c. Not a party to nor interested in the outcome of the Action.
3.2 Documents Served
Affiant effected service of the following Service Documents (attach additional pages if necessary):
1. [DESCRIPTION OF DOCUMENT 1] – [DATE OF ISSUE]
2. [DESCRIPTION OF DOCUMENT 2] – [DATE OF ISSUE]
3.3 Method(s) of Service
Affiant completed service in the manner indicated below (select all that apply):
- Personal Service (Individual) – Delivered true copies of the Service Documents personally to [NAME OF PERSON SERVED] at [ADDRESS] on [DATE] at [TIME].
- Substituted Service (Individual) – Left true copies at the dwelling house or usual place of abode of [DEFENDANT NAME] with [NAME], a person of suitable age and discretion residing therein, on [DATE] at [TIME]; thereafter mailed additional copies to said address in accordance with R.I. R. Civ. P. 4(d)(1).
- Service on Corporation/LLC – Delivered true copies to [AUTHORIZED AGENT NAME & TITLE], authorized agent for service of process of [ENTITY NAME], at [ADDRESS] on [DATE] at [TIME], as permitted by R.I. R. Civ. P. 4(d)(3).
- Certified/Registered Mail – Mailed via [CERTIFIED/REGISTERED] mail, return receipt requested, to [NAME & ADDRESS] on [DATE]; the signed return receipt is attached hereto as Exhibit A.
- Other Court-Authorized Method – [DESCRIBE], pursuant to court order dated [DATE] attached hereto as Exhibit B.
[// GUIDANCE: Delete inapplicable options; attach supporting exhibits.]
3.4 Timing Compliance
Service was completed within the time limits prescribed by:
a. R.I. R. Civ. P. 4(l) (120-day rule), or
b. Court-ordered deadline of [DATE].
4. REPRESENTATIONS & WARRANTIES
Affiant represents, warrants, and certifies under oath that:
a. The foregoing statements are true and correct to the best of Affiant’s knowledge, information, and belief.
b. Service was effected strictly in conformity with Applicable Rules and any court orders governing service in this Action.
c. All attachments referenced herein are true and accurate copies of the originals.
5. COVENANTS
Affiant covenants to promptly supplement or amend this Affidavit if any statement herein becomes inaccurate or incomplete prior to final disposition of the Action.
6. DEFAULT & REMEDIES (PERJURY)
Affiant acknowledges that any willful false statement made in this Affidavit is subject to the penalties of perjury under R.I. Gen. Laws § 11-33-1 and may constitute contempt of court.
7. DISPUTE RESOLUTION & GOVERNING LAW
This Affidavit shall be governed by and construed in accordance with the laws of the State of Rhode Island. Any dispute arising out of or relating to the truthfulness or sufficiency of this Affidavit shall be resolved exclusively in the courts of the State of Rhode Island.
[// GUIDANCE: Arbitration, jury waiver, injunctive relief, indemnification, and liability caps are not applicable to an affidavit of service.]
8. GENERAL PROVISIONS
8.1 Entire Affidavit. This document constitutes the complete proof of service by Affiant concerning the Service Documents.
8.2 Severability. If any provision of this Affidavit is held invalid, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
8.3 Counterparts; Electronic Signatures. This Affidavit may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means (e.g., PDF, facsimile, or via state-approved e-notary platform) shall be deemed original for all purposes.
9. EXECUTION BLOCK
Executed on the ___ day of __, 20, at ___, Rhode Island.
[AFFIANT NAME]
[PROCESS SERVER LICENSE/ID NO., if any]
[BUSINESS ADDRESS]
[PHONE] | [EMAIL]
NOTARIZATION
State of Rhode Island
County of ______
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 within instrument, and acknowledged that they executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
Notary Public
My Commission Expires: ____
EXHIBITS
Exhibit A – Signed Return Receipt (if service by mail)
Exhibit B – Copy of Court Order Authorizing Alternate Service (if applicable)
Exhibit C – Additional Proof of Service (photographs, GPS logs, etc.)
[// GUIDANCE: Attach only those exhibits that actually exist; remove unused exhibit headers.]