Affidavit of Service: What It Must Say and How to Get It Witnessed

An affidavit of service is a sworn written statement confirming that a specific legal document was delivered to a specific person, on a specific date, by a specific method. It is used to prove service to a court when service is disputed or when the court rules require it, and it must be sworn or affirmed in front of a person authorised to administer oaths, such as a solicitor. A UK-qualified solicitor can witness an affidavit of service by video call for a fee of £100.

When do you need an affidavit rather than a certificate of service?

Most routine claims in the County Court or High Court only need a certificate of service. This is a simple form (N215) filed by the claimant stating how and when a document was served, and it is not sworn. Courts ask for an affidavit of service when the stakes are higher or service is contested, for example:

• Injunction applications, where the respondent must be shown to have had proper notice before a penal notice can be enforced.
• Committal proceedings for contempt of court, where strict proof of personal service is required.
• Possession claims, in some circumstances.
• Service outside the jurisdiction, or by an alternative method the court has specifically permitted.
• Family Court applications where service of a petition or application needs to be proved formally.
• Any case where the other side denies being served and the court asks for sworn evidence rather than a bare certificate.

Civil Procedure Rules Part 32 and Practice Direction 32 govern the form of affidavits used in civil proceedings. If you are not sure whether your case needs a certificate or an affidavit, check the court order, the claim form guidance notes, or ask the court office. HMCTS staff can usually tell you from the case type.

What an affidavit of service must say

An affidavit of service is written in the first person and sets out, in clear factual terms:

• The full name and status of the person making it (the deponent), for example a process server, a solicitor's clerk, or the claimant.
• The exact document or documents served, by title and, where relevant, the claim or case number.
• The person served, by name, and their address or the address at which service took place.
• The date and time of service.
• The method of service: personal service, leaving the document at an address, post, or an alternative method ordered by the court.
• Where personal service is in issue, how the server identified the person served (for example from a photograph, or because the server already knew them).
• A jurat at the end. This is the formal block recording where and when the affidavit was sworn or affirmed, and before whom.

Keep it factual. Courts want dates, addresses and a clear account of what happened, not argument about the merits of the case.

Who can witness it?

Affidavits must be sworn or affirmed before someone with authority to administer oaths. In practice that means a solicitor holding a current practising certificate, a commissioner for oaths, or a notary public. The person witnessing cannot act for either party in the underlying case, so a solicitor at the firm acting for you cannot usually witness your own affidavit. An independent solicitor is needed.

What to have ready for the video call

• A passport or driving licence, so the solicitor can confirm who you are.
• The affidavit itself, already drafted in its final form, with the jurat left blank for completion. Do not sign it before the call.
• Any exhibits referred to in the affidavit (for example a certificate of posting, a photograph, or a process server's notes), since these are often exhibited alongside the main document.

The solicitor does not draft the affidavit or advise on your case. Their role is to confirm your identity, hear you swear or affirm that the contents are true, and witness your signature.

How much does it cost?

The fee is £100 per document. It covers the video call, the identity check and the countersignature. Same-day appointments are available, including for urgent court deadlines.

What happens after the call?

You sign the affidavit live on the video call. You then email the signed document to the solicitor, who checks it, countersigns the jurat and emails the completed document back to you, usually the same day. Nothing is posted. You then file it with the court, or send it to the other side's solicitors if that is what has been requested, attaching any exhibits referred to in the text.

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