AFFIDAVIT OF SERVICE

(Commonwealth of Virginia)

[// GUIDANCE: This template is drafted for use in Virginia state-court matters and is designed to satisfy the proof-of-service requirements set out in VA. CODE ANN. §§ 8.01-293, -296, -325 (2024). Customize highlighted placeholders, delete inapplicable bracketed options, and attach additional pages if necessary.]

I. DOCUMENT HEADER

IN THE [] COURT OF [] COUNTY/CITY, VIRGINIA
Case No.: [__]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

II. AFFIANT IDENTIFICATION

1. I, [FULL LEGAL NAME] (“Affiant”), being first duly sworn, state as follows:

a. I am over eighteen (18) years of age, of sound mind, and competent to testify to the matters stated herein.
b. I am [check one]:
☐ a duly appointed Deputy Sheriff of [County/City], Virginia; or
☐ a private process server authorized pursuant to VA. CODE ANN. § 8.01-293(A) and in compliance with § 8.01-325.
c. I am not a party to, or otherwise interested in, the above-captioned action.

III. DOCUMENTS SERVED

2. On the date and at the time set forth below, I served the following documents (collectively, the “Service Documents”):

• [Summons]
• [Complaint / Petition / Motion / Subpoena / Other]
• [Exhibits]
• [Scheduling Order]
• [Other: ____]

IV. PARTY & LOCATION OF SERVICE

3. Name of person/Entity served: [__]
4. Physical address at which service was effected:
   Street: [_____]
   City/County: [___], Virginia Zip: [_____]

[// GUIDANCE: For corporate defendants, insert registered agent’s name and address exactly as listed with the Virginia State Corporation Commission.]

V. METHOD OF SERVICE

5. Service was effected on [DATE] at [TIME] [a.m./p.m.] as follows (select one and describe as required):

a. ☐ Personal Service – I personally delivered true copies of the Service Documents to the above-named individual in accordance with VA. CODE ANN. § 8.01-296(1).

b. ☐ Substituted Service – Family/Household Member – I delivered the Service Documents at the individual’s usual place of abode to [NAME], who is a member of the individual’s family or household, is at least sixteen (16) years of age, and was informed of the general nature of the papers, pursuant to VA. CODE ANN. § 8.01-296(2).

c. ☐ Posted Service – After exercising due diligence to effect personal or substituted service, I posted the Service Documents at the front door (or main entrance) of the usual place of abode of the party to be served, pursuant to VA. CODE ANN. § 8.01-296(2)(b).

d. ☐ Corporation / Registered Agent – I personally delivered the Service Documents to [NAME], the registered agent of [CORPORATE DEFENDANT], at [REGISTERED OFFICE ADDRESS], pursuant to VA. CODE ANN. § 8.01-299.

e. ☐ Waiver / Acceptance – The party executed a written waiver or acceptance of service attached hereto as Exhibit [A] in accordance with VA. CODE ANN. § 8.01-286.1.

6. Physical description of the individual personally or substitute-served (if applicable):
   Sex: [] Race: [] Approx. Age: [] Height: [] Weight: [__] Other Identifiers: [__]

VI. TIMELINESS OF RETURN

7. I understand that, in accordance with VA. CODE ANN. § 8.01-294 (sheriff) or § 8.01-325 (private process server), this Affidavit must be filed with the Clerk of Court no later than seventy-two (72) hours after service or as soon thereafter as practicable, but in any event not fewer than five (5) business days before any default-judgment hearing, unless otherwise ordered by the Court.
   [// GUIDANCE: Adjust this paragraph if the scheduling order or local rules impose a shorter deadline.]

VII. STATEMENT OF DILIGENCE (for Posted Service only)

8. (Complete only if ¶ 5(c) is selected.) Prior to posting, I exercised due diligence to locate and personally serve the party as follows:
   • Dates and times attempted: [_]
   • Addresses attempted: [_]
   • Outcome of each attempt: [__]
   I was unable to effect personal or substituted service despite the above diligent efforts.

VIII. FEES & MILEAGE (Private Process Server only)

9. My fee for service is $[] and mileage reimbursement is $[], calculated in accordance with VA. CODE ANN. § 8.01-325(C).
   [// GUIDANCE: Delete if sheriff’s return.]

IX. AFFIANT’S CERTIFICATION

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

Date: ____, 20__

[NAME OF AFFIANT]
[Official Title / “Private Process Server”]
[Business Address]
[Telephone] | [Email]

X. NOTARIAL ACKNOWLEDGMENT

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF [__] to-wit:

Subscribed and sworn to (or affirmed) before me this ___ day of ____, 20__, by [NAME OF AFFIANT].

My commission expires: _//_
Notary registration no.: [_____]

Notary Public

XI. CERTIFICATE OF FILING (Optional)

I certify that this Affidavit of Service was filed with the Clerk of the [] Court of [] County/City, Virginia, on ___, 20.

Clerk / Deputy Clerk

[// GUIDANCE: After completing all blanks, attach any exhibits (e.g., waiver of service, additional diligence log) and file the executed, notarized affidavit with the clerk. Retain a conformed copy for your records.]