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Multiple Choice

Who signs the affidavit of service?

The key idea is that the affidavit of service is a sworn statement by the person who actually performed the service. Only the server has firsthand knowledge of how the papers were delivered, to whom, when, and where, so the server signs the affidavit to attest to those facts under oath. This creates a reliable record for the court that service occurred as required. The defendant, attorney, or judge aren’t the ones who performed or witnessed the act of service, so they don’t sign the affidavit to certify those details. The judge may oversee the case and issue orders, but doesn’t certify how service was carried out, and the attorney or party wouldn’t sign the service affidavit unless they personally did the serving.

The key idea is that the affidavit of service is a sworn statement by the person who actually performed the service. Only the server has firsthand knowledge of how the papers were delivered, to whom, when, and where, so the server signs the affidavit to attest to those facts under oath. This creates a reliable record for the court that service occurred as required.

The defendant, attorney, or judge aren’t the ones who performed or witnessed the act of service, so they don’t sign the affidavit to certify those details. The judge may oversee the case and issue orders, but doesn’t certify how service was carried out, and the attorney or party wouldn’t sign the service affidavit unless they personally did the serving.