Proof of Service

When the proof of service is used

Timing: after serving the summons and complaint, and after serving later papers. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• Unless service is waived, proof of service must be made to the court; except for service by a U.S. marshal or deputy marshal, proof must be by the server's affidavit (Rule 4(l)(1)).
• Rule 5 governs service and filing of papers after the original complaint.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 4(l), 5(d) online. Also, the federal judiciary publishes the current rules and recent amendments.

The proof of service in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar proof of service procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Affidavit: a written statement of facts sworn to before an officer authorized to administer oaths.

Related procedures

Similarly, these procedures often come up alongside it:

• Summons and Service of Process: the formal way a defendant is notified of a lawsuit. The plaintiff must serve the summons together with a copy of the complaint (Rule 4(c)(1)).
• Waiver of Service: a request asking the defendant to waive formal service of the summons, which saves the cost of service.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.