(LPDD)Fill out an Affidavit of Service

To prove you served the documents, you must fill out an Affidavit of Service (Form 13). Use the blank Affidavit of Service that's on page 7 of the Application to Obtain an Order (Form 1) on the provincial Family court forms page.

The form has instructions to help you fill it out. You can either fill the form out online or print it and fill it out by hand (print neatly using dark-coloured ink). You can also get the printed form from the court registry and fill it out by hand. (These forms come with all necessary copies attached.)

You also need to attach the copies of the served documents to the affidavit. Each copy must be marked as an "Exhibit" and labelled "A," "B," "C," etc. (depending on how many documents there are). If the documents aren't attached and properly marked, your affidavit won't be accepted by the court and you'll have to have the documents served again. Take the affidavit (with the attachments) to a lawyer, a notary public, or a clerk at the court registry to swear or affirm that the documents have been served. (There's a fee for this.) The lawyer, notary, or clerk will sign the affidavit, and stamp and sign each attachment.

Affidavits must be sworn by a commissioner for taking affidavits. Lawyers and notaries public are always commissioners. Usually at least one person at the court registry or government agent's office is a commissioner. Ask about the fee, as different offices charge different amounts for the same service. To find out who else can act as a commissioner, see our fact sheet Who can swear an affidavit?.

You can then use the Affidavit of Service as evidence that the documents were served on the other party. Be sure to keep the completed and sworn Affidavit of Service with your file.