AFFIDAVIT OF SERVICE
State of Oklahoma | District Court of [COUNTY] County
Case No. [__]
[PLAINTIFF],
ââPlaintiff,
v.
[DEFENDANT],
ââDefendant.
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TABLE OF CONTENTS
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I. Document Header ....................................... 2
II. Definitions ........................................... 2
III. Operative Provisions .................................. 3
IV. Representations & Warranties .......................... 4
V. Covenants & Restrictions .............................. 4
VI. Default & Remedies .................................... 4
VII. Risk Allocation ....................................... 4
VIII. Dispute Resolution ................................... 4
IX. General Provisions .................................... 5
X. Execution Block ....................................... 5
Exhibit A â Service Attempt Log ............................ 7
Exhibit B â Proof of Mailing (if applicable) ............... 8
[// GUIDANCE: Delete this Table of Contents before filing if your court clerk objects to additional pages.]
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I. DOCUMENT HEADER
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1.1 Title.âThis Affidavit of Service (this âAffidavitâ) is made and sworn to as of [DATE] (the âEffective Dateâ) by [AFFIANT NAME], Oklahoma Licensed Process Server No. [LICENSE NO.], whose business address is [ADDRESS] (the âAffiantâ).
1.2 Recitals.
âA. A civil action styled as [CASE CAPTION] is pending before the District Court of [COUNTY] County, State of Oklahoma (the âSubject Caseâ).
âB. Pursuant to 12 O.S. § 2004, service of process in the Subject Case must be completed in strict conformity with Oklahoma procedural law (the âState Procedural Lawâ).
âC. Affiant was duly engaged by [REQUESTING PARTY] to serve the documents identified herein.
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II. DEFINITIONS
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For ease of reference, the following capitalized terms have the meanings set forth below. Terms defined in this Section are used throughout this Affidavit with initial capitalization.
âAffiantââhas the meaning ascribed in Section 1.1.
âService Addressââmeans [FULL STREET ADDRESS, CITY, STATE, ZIP] at which service was attempted and/or accomplished.
âService Documentsââcollectively means the Summons, Petition/Complaint, and any exhibits or additional pleadings delivered to the person or entity served.
âStatutory Service Methodsââmeans the service modalities authorized by 12 O.S. § 2004, including (i) personal delivery, (ii) substitute service upon a person of suitable age and discretion residing at the defendantâs usual place of abode, (iii) certified mail with return receipt requested, and (iv) service by publication where ordered by the court.
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III. OPERATIVE PROVISIONS
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3.1 Identity & Qualifications of Affiant.
â(a) Affiant is over eighteen (18) years of age, competent to testify, and not a party to nor interested in the Subject Case.
â(b) Affiantâs Oklahoma process server credentials are current, and Affiant has complied with all bonding and continuing-education requirements mandated by 12 O.S. § 158.1 et seq.
3.2 Description of Service Documents.
âThe following documents were entrusted to Affiant for service (check all that apply):
â[ ] Summons
â[ ] Petition / Complaint
â[ ] Alias Summons
â[ ] Order Setting Hearing
â[ ] Other: [DESCRIBE]
3.3 Manner, Date, Time, and Place of Service.
â(a) Date of Service: [MM/DD/YYYY]
â(b) Time of Service: [HH:MM A.M./P.M.]
â(c) Service Address: [SERVICE ADDRESS]
â(d) Method Utilized (select one):
âââ Personal Delivery to the named defendant;
âââ Substitute Service in compliance with 12 O.S. § 2004(C)(1)(c) upon [NAME], age [], relationship: [];
âââ Certified Mail, return receipt requested, Article No. [__], with delivery confirmed on [MM/DD/YYYY];
âââ Other court-ordered method: [DESCRIBE].
3.4 Compliance Statement.âAffiant affirms that the service described in Section 3.3 was completed strictly in accordance with State Procedural Law, including all timing requirements (service effected within 180 days of filing pursuant to 12 O.S. § 2004(I)).
3.5 Service Attempt Log.âIf personal or substitute service was not accomplished on the first attempt, a chronological record of each attempt is attached hereto as Exhibit A and incorporated by reference.
3.6 Fees and Costs.âAffiantâs service fee for the foregoing is $[AMOUNT], plus mileage of $[AMOUNT] for a total of $[TOTAL]. No illegal gratuities or inducements were offered or accepted.
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IV. REPRESENTATIONS & WARRANTIES
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4.1 Accuracy.âAffiant represents and warrants that every statement contained herein is true and correct to the best of Affiantâs personal knowledge, information, and belief.
4.2 Statutory Compliance.âAffiant further represents and warrants full compliance with 12 O.S. § 2004 and any specific service directives contained in orders of this Court.
4.3 Survival.âThe representations and warranties in this Section IV survive the filing of this Affidavit and may be relied upon by the Court and all parties to the Subject Case.
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V. COVENANTS & RESTRICTIONS
[Intentionally Omitted â Not Applicable to an Affidavit of Service]
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VI. DEFAULT & REMEDIES
[Intentionally Omitted â Not Applicable to an Affidavit of Service]
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VII. RISK ALLOCATION
[Intentionally Omitted â Not Applicable to an Affidavit of Service]
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VIII. DISPUTE RESOLUTION
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8.1 Governing Law.âAny dispute concerning the validity or enforceability of this Affidavit shall be governed by the State Procedural Law of Oklahoma, without regard to conflicts-of-law principles.
8.2 Forum Selection.âThe District Court presiding over the Subject Case shall have exclusive jurisdiction to resolve any such dispute.
8.3 Arbitration; Jury Waiver; Injunctive Relief.âNot applicable to this Affidavit unless expressly ordered by the Court.
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IX. GENERAL PROVISIONS
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9.1 Severability.âIf any provision of this Affidavit is determined to be invalid or unenforceable, the remaining provisions shall nevertheless remain in full force and effect.
9.2 Integration.âThis Affidavit constitutes the entire statement of service facts and supersedes any prior oral or written statements by Affiant concerning the subject matter hereof.
9.3 Counterparts / Electronic Signatures.âThis Affidavit may be executed in counterparts and by electronic or remote-online notarization to the fullest extent permitted under Oklahoma law, each of which shall be deemed an original.
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X. EXECUTION BLOCK
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Under penalty of perjury pursuant to 12 O.S. § 426, Affiant declares that the foregoing is true and correct.
DATED this _ day of __, 20.
[AFFIANT NAME]
Oklahoma Licensed Process Server No. [LICENSE NO.]
Phone: [PHONE]ââąâEmail: [EMAIL]
NOTARY PUBLIC ACKNOWLEDGMENT
State of Oklahoma )
County of [COUNTY] )
This instrument was acknowledged before me on the _ day of __, 20, by [AFFIANT NAME], known to me or satisfactorily proven to be the person whose name is subscribed hereto.
Notary Public, State of Oklahoma
Commission No.: [_____]
My Commission Expires: [MM/DD/YYYY]
(Seal)
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EXHIBIT A â SERVICE ATTEMPT LOG
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| Attempt | Date | Time | Address | Result |
|---------|------|------|---------|--------|
| 1 | [MM/DD/YYYY] | [HH:MM] | [ADDRESS] | [Outcome] |
| 2 | | | | |
| 3 | | | | |
[// GUIDANCE: Continue the table as needed. Attach additional pages if more than five (5) attempts.]
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EXHIBIT B â PROOF OF MAILING (if applicable)
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Attach the following:
1. USPS Certified Mail Receipt (PS Form 3800)
2. USPS Tracking / Delivery Confirmation printout
3. Signed green card (PS Form 3811) or electronic return receipt
[// GUIDANCE: Exhibits are mandatory if service was effected by certified mail. Omit Exhibit B entirely if not applicable.]