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Affidavit of Service by Individual

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Motion to Serve by Publication or Posting

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
FAMILY COURT
Domestic Relations Branch

PLAINTIFF,

v.

DEFENDANT.

DR

Judge

MOTION TO SERVE BY PUBLICATION OR POSTING

I, , am the Plaintiff in this case.

1. I have attempted to serve the Defendant with notice of this case.

2. I have been unable to find the Defendant.

3. I believe that the Defendant is a non-resident of the District of Columbia or that the Defendant has been absent from the District of Columbia for at least six months.

4. I believe the Defendant cannot be found because I have made diligent efforts to discover the whereabouts of the Defendant.

Information About the Defendant’s Current Address

[YOU MUST TRY TO COMPLETE EACH OF THE FOLLOWING STEPS]

I do not know the Defendant’s current home address or telephone number.

I last had contact with the Defendant on

My last contact with the Defendant was

in person at

by telephone at

The Defendant and I have never lived together.

OR

The Defendant and I last lived together on at this address:

Information About the Defendant’s Last Known Address & Telephone

[YOU MUST TRY TO COMPLETE EACH OF THE FOLLOWING STEPS]

5. The Defendant’s last known home address is

6. I mailed the Summons and Complaint to the Defendant at the last known address by “certified mail, return receipt requested” on

The post office sent the return receipt to me unsigned or marked “not found.”

The post office never sent the return receipt to me.

7. The Defendant’s last known telephone number is

8. I called the Defendant’s last known telephone number on

9. When I called the last known telephone number, this is what happened:

10. I called “411” and asked for the Defendant’s telephone number on

The “411” operator told me there was no listing for the Defendant.

The “411” operator gave me this telephone number:

When I called the number from “411,” this is what happened:

Information About the Defendant’s Last Known Employer

[YOU MUST TRY TO COMPLETE EACH OF THE FOLLOWING STEPS]

11. The Defendant’s last known employer is

12. I contacted the Defendant’s last known employer on

13. When I spoke to the last known employer, this is what happened:

Information From Other People Who Know the Defendant

[YOU MUST TRY TO COMPLETE EACH OF THE FOLLOWING STEPS]

14. I tried to contact the Defendant’s relatives or friends in person, by telephone or by mail.

Person contacted 1

in person by telephone by mail

on this date:

Person contacted 2

in person by telephone by mail

on this date:

Information From Jails and Prisons About the Defendant

[YOU MUST TRY TO COMPLETE EACH OF THE FOLLOWING STEPS]

15. I called these jails and prisons to find out if the Defendant is incarcerated or on parole.

Information From the Military About the Defendant

[YOU MUST TRY TO COMPLETE EACH OF THE FOLLOWING STEPS]

16. I sent a letter to all the branches of the military to find out if the Defendant is in the military. I am attaching copies of the letters I sent and any replies that I got.

Branch of Military Contact

U.S. Army Worldwide Locator

I wrote a letter and I am attaching a copy of my letter to this Motion.

I got a letter back from the Army and I am attaching a copy to this Motion.

The Army never replied to my letter.

U.S. Navy Worldwide Locator

I wrote a letter and I am attaching a copy of my letter to this Motion.

I got a letter back from the Navy and I am attaching a copy to this Motion.

The Navy never replied to my letter.

U.S. Air Force Worldwide Locator

I wrote a letter and I am attaching a copy of my letter to this Motion.

I got a letter back from the Air Force and I am attaching a copy to this Motion.

The Air Force never replied to my letter.

Marine Corps Worldwide Locator

I wrote a letter and I am attaching a copy of my letter to this Motion.

I got a letter back from the Marine Corps and I am attaching a copy to this Motion.

The Marine Corps never replied to my letter.

Coast Guard Personnel Command

I wrote a letter and I am attaching a copy of my letter to this Motion.

I got a letter back from the Coast Guard and I am attaching a copy to this Motion.

The Coast Guard never replied to my letter.

National Oceanic and Atmospheric Administration (NOAA)

I wrote a letter and I am attaching a copy of my letter to this Motion.

I got a letter back from the NOAA and I am attaching a copy to this Motion.

The NOAA never replied to my letter.

Public Health Service

I wrote a letter and I am attaching a copy of my letter to this Motion.

I got a letter back from the Public Health Service and I am attaching a copy to this Motion.

The Public Health Service never replied to my letter.

Other Information About Your Search for the Defendant

[YOU MUST TRY TO COMPLETE EACH OF THE FOLLOWING STEPS]

17. I also tried to find the Defendant by doing these other things:

Request to Post Notice in Clerk’s Office Instead of in the Newspaper

[COMPLETE THIS SECTION ONLY IF YOU CANNOT AFFORD TO PUBLISH A NOTICE IN THE NEWSPAPER]

If I have to pay to publish a notice in the newspaper, it will cause me a substantial hardship because:

I have already been allowed to file this case without paying any fees (IFP).

or

I cannot afford to pay to publish a notice in the newspaper for the following reasons:

Request for Relief

I RESPECTFULLY REQUEST that [CHECK ALL THAT APPLY]

the Court allow me to serve the Defendant by publishing a notice in the newspaper.

the Court allow me to serve the Defendant by posting a notice in the Domestic Relations Clerk’s Office.

Other

I ALSO REQUEST that the Court award any other relief it considers fair and proper.

I DO request an oral hearing in front of the judge on this motion. DO NOT

Respectfully Submitted,

SUBSTITUTE ADDRESS: Check box if you have written someone else’s address and phone number because you fear harassment or harm.

I, , solemnly swear or affirm under criminal penalties for the making of a false statement that I have read the foregoing Motion to Serve by Publication or Posting and that the factual statements made in it are true to the best of my personal knowledge, information and belief.

Points and Authorities in Support of Motion

In support of this Motion to Serve by Publication or Posting, I refer to:

  1. Super. Ct. Dom. Rel. R. 4(g) and 7(b).
  2. D.C. Code §§ 13-336, 13-338-40 and 16-4601.07(a).
  3. Bearstop v. Bearstop, 377 A.2d 405 (D.C. 1977); Cruz v. Sarmiento, 737 A.2d 1021 (D.C. 1999).
  4. The record in this case.
  5. The attached supporting document(s).

[LIST ANY DOCUMENTS THAT YOU ARE ATTACHING]

Enter text

What an Affidavit of Service by Individual Is

An Affidavit of Service by Individual is a sworn written statement that documents how, when, and to whom a legal document was delivered by an individual server. It records the case caption, court, date and time of service, specific method used (personal, substituted, mailed), and the server’s attestation that service was completed. Courts use the affidavit as proof of service to establish that parties received required legal notices; the affidavit may require notarization or signature under penalty of perjury to be accepted by the clerk.

Why this affidavit matters for legal process

A clear, accurate affidavit preserves the record of service, supports response deadline calculations, and reduces disputes about whether a party was properly notified. It converts an informal transaction into a court-usable proof of service.

Why this affidavit matters for legal process

Who typically prepares or files this affidavit

Common users include professionals and parties who must document service for court records.

  • Process servers and private investigators who perform in-person or substituted service and must record delivery details accurately.
  • Attorneys and paralegals who file proof of service with the court to trigger response deadlines and preserve procedural rights.
  • Self-represented litigants delivering documents without counsel who need a sworn record to prove notice.

Choose the person with direct knowledge of the service to complete and sign the affidavit; courts favor first-hand attestations.

Representative signer profiles

Process Server

A professional or authorized individual who personally delivers documents and records precise service details including location, recipient description, method, and any refusal. The affidavit should reflect first-hand observations and be notarized when required by local rules.

Filing Attorney

An attorney or staff member who prepares the affidavit from a server’s notes or client statements, verifies facts, and files the document with the court. Accuracy is essential because errors can affect deadlines and lead to motions to quash service.

Required factual entries on the affidavit

Case caption: Plaintiff v. Defendant
Court name: Name of filing court
Case number: Court-assigned docket number
Service date/time: MM/DD/YYYY and time
Method of service: Personal, substituted, mailed
Server declaration: Printed name and signature

Legal risks and consequences of errors

Perjury exposure: False statements risk perjury charges
Procedure delay: Errors can delay hearings
Default risk: Improper service may void default entries
Sanctions: Court may impose sanctions
Motion to quash: Service can be contested
Fee consequences: Costs may shift after challenge

Common preparation mistakes to avoid

  • Vague recipient descriptions that make it unclear who received the papers and whether the recipient was authorized to accept service.
  • Incorrect dates or times that conflict with other filings or with the server’s own notes and undermine credibility.
  • Failing to specify the exact documents served (attach a copy or list titles and pages), which creates ambiguity about what was delivered.
  • Skipping notarization where required or failing to sign under penalty of perjury, leading the clerk to reject the affidavit.

Step-by-step: Completing the affidavit accurately

Follow a consistent sequence to ensure the affidavit is complete, accurate, and court-ready.

  • 01
    Identify case: Enter court, case caption, and docket number exactly.
  • 02
    Describe service: State date/time, address, recipient name, and relationship.
  • 03
    List documents: Specify each document delivered by title and page count.
  • 04
    Sign and notarize: Sign under penalty of perjury and obtain notarization if required.

Where to file and who receives copies

After signing, the affidavit should be filed with the appropriate court clerk and copies provided to interested parties according to local rules.

  • Court filing: File original with the clerk as proof of service.
  • Opposing counsel: Send a copy to opposing counsel or the party served.
  • Requesting party: Provide a copy to the party who requested service.
  • Retain original: Keep the original in case of future challenges.

Key elements that make an affidavit court-ready

A professional affidavit balances factual detail, clarity, and legal formality so courts can accept it as proof without further inquiry.

Complete header

Case caption, court name, and docket number clearly displayed to link the affidavit to the underlying matter and avoid misfiling.

Precise timeline

Exact service date and time plus travel or delivery context to support any deadline calculations and rebut disputes about when notice occurred.

Recipient description

Full name and relationship of the person served, or physical description and explanation if recipient identity is unknown or partial.

Document list

A concise inventory of the specific documents served by title and quantity so the court knows exactly what was delivered.

Attestation language

A clear statement signed under penalty of perjury declaring the truth of the facts and the server’s competence to make the statement.

Authentication

Notary acknowledgement or electronic equivalent when required by state rules to validate the signature and sworn status.

Digital workflow settings to prepare and file affidavits

Configure a standard workflow to collect signatures, notarization, and file the affidavit consistently across cases.

Field Configuration
Signature block Require signer name, typed signature, and signature date
Notary section Include notary acknowledgement field when required
Attachment Attach served documents or exhibit list as PDF
Retention Enable secure archiving for the statutory retention period

Platform and technical considerations for eSigning and eFiling

Use a platform that supports secure signatures, audit trails, and the integrations your filing process requires.

  • Authentication: Email, SMS code, or stronger
  • Audit trail: Timestamps, IP, action history
  • Integrations: Court e-file, document storage

Verify the platform can produce a tamper-evident PDF and an exportable audit record before relying on electronic submission for court filings.

Timing notes: filing and response implications

Affidavits of service affect response deadlines and should be filed promptly to establish official notice timelines.

Prompt filing:

File proof of service promptly after delivery to document the start of response periods.

Response clocks:

Filing the affidavit clarifies when defendant’s time to answer or move begins under FRCP timing rules.

Court rules vary:

Local rules dictate filing windows; consult the court’s clerk or rulebook before filing.

Electronic filing:

E-file systems may accept PDFs and require a separate proof-of-service event or docket entry.

Preserve originals:

Keep signed originals until finality in case of challenge or evidentiary need.

Frequently asked questions about completing and filing the affidavit

Answers to common questions help avoid rejection, delay, or procedural objections when submitting an affidavit of service.


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Typical eSignature vendor pricing and feature comparison

Comparison of starting price and key capabilities across common eSignature vendors; signNow is listed first per platform data.

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