When is substituted service permitted?

Substituted service is permitted when personal delivery is impracticable and the court finds the documented attempts reasonable. Local rules set the number of required attempts and acceptable alternative methods; check the court's civil procedure rules before filing a motion.

How many attempts are sufficient?

There is no universal count; courts evaluate reasonableness based on frequency, timing, and method. Document varied times and dates, evidence of absence, and efforts to locate the recipient to show diligence and justify alternatives.

Is notarization required for the proof?

Some jurisdictions require a sworn affidavit with notary acknowledgment; others accept unsworn proofs attached to motions. Verify local court rules and include notarization when required to avoid rejection.

Can the proof be completed electronically and signed?

Electronic completion and eSignatures are generally valid under ESIGN and UETA when intent, consent, attribution, and retention are met. Ensure the platform preserves an audit trail and meets any state-specific authentication rules.

How do I correct an error after filing?

File an amended proof or supplemental affidavit that identifies the correction and explains the reason, then serve opposing counsel. Courts prefer transparent corrections supported by evidence rather than informal changes to docket entries.

What supporting materials strengthen a proof?

Attach photographs, certified mail tracking, door tags, witness statements, and contemporaneous logs. Corroborating evidence reduces factual disputes and increases the likelihood a judge will accept alternative service methods.

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Proof of Attempts of Service by Summons

Proof of Attempts of Service by Summons

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CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS

(b) County of Residence of First Listed Plaintiff

(c) Attorney’s (Firm Name, Address, and Telephone Number)

DEFENDANTS

County of Residence of First Listed Defendant

Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)

1 U.S. Government Plaintiff 2 U.S. Government Defendant 3 Federal Question 4 Diversity

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff and One Box for Defendant)

1 Incorporated or Principal Place of Business In This State 4 Incorporated or Principal Place of Business In This State 2 Incorporated and Principal Place of Business In Another State 5 Incorporated and Principal Place of Business In Another State 3 Foreign Nation 6 Foreign Nation

IV. NATURE OF SUIT (Place an “X” in One Box Only)

110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury - Med. Malpractice 365 Personal Injury - Product Liability 368 Asbestos Personal Injury Product Liability 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV

V. ORIGIN (Place an “X” in One Box Only)

1 Original Proceeding 2 Removed from State Court 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from another district (specify) 6 Multidistrict Litigation 7 Appeal to District Judge from Magistrate Judgment

VI. CAUSE OF ACTION

VII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

Yes No

VIII. RELATED CASE(S) IF ANY (See instructions)

JUDGE

DOCKET NUMBER

DATE

SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section “(see attachment)”.

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.

IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive.

V. Origin. Place an “X” in one of the seven boxes.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity.

VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

What the Proof of Attempts of Service by Summons Records

The Proof of Attempts of Service by Summons documents each effort to deliver a court summons or legal process when personal service cannot be completed. It records dates, times, locations, names of persons contacted, methods used (personal, mail, posting, substituted), and a short narrative of observations. Courts evaluate these records to determine whether alternative service methods are justified and to decide motions for substituted service or entry of default. Precise, contemporaneous entries reduce disputes about the adequacy and timing of service attempts.

Why a Clear Proof of Attempts Matters in Litigation

A well-prepared Proof of Attempts of Service by Summons creates a traceable record courts rely on when authorizing alternative service or entering default; it demonstrates diligence and helps shorten procedural disputes over service sufficiency.

Who Prepares and Relies on This Proof

Common users include process servers, court clerks, and plaintiff attorneys who manage and document service attempts.

Process servers documenting multi-attempt deliveries across addresses and time windows.
Plaintiffs and their counsel preparing affidavits or motions for substituted service.
Court clerks verifying records when setting deadlines or entering defaults.

Well-prepared proofs help courts, opposing counsel, and parties assess service sufficiency during motions, hearings, and scheduling decisions.

Typical Signatories and Their Roles

Process Server

A licensed process server or sheriff's deputy who conducts in-person attempts, records times and observations, and completes the proof form contemporaneously. Accurate entries support court filings and reduce the likelihood of service challenges based on inconsistent documentation.

Plaintiff Attorney

An attorney filing the complaint or motion who relies on the proof to show good-faith efforts. Counsel reviews the proof for accuracy, attaches supporting affidavits, and cites documented attempts in motions for substituted service or default entry.

Key Data Elements and Security Considerations

Attempt Timestamp: MM/DD/YYYY HH:MM

Attempt Location: Street, city, state, ZIP

Method Code: Personal | Mail | Posting

Affiant Name: Printed name and title

Supporting Evidence: Photos or mail receipts

Signature Authentication: Signer name and date

Consequences of Deficient or Incorrect Proofs

Dismissal Risk: Case delays or dismissal

Default Denied: Court may refuse default

Scheduling Delays: Hearing continuances likely

Contested Credibility: Affidavit reliability questioned

Perjury Exposure: False statements risk sanctions

Additional Costs: Repeat service attempts required

Common Preparation Pitfalls to Avoid

Omitting precise times or dates, which makes attempts unverifiable and weakens motions for substituted service.
Failing to attach supporting evidence like photos or certified mail receipts, reducing the weight of the affidavit before the court.
Using vague location descriptions instead of full street addresses and unit numbers, complicating attempts to verify where service occurred.
Delaying completion of the proof form; contemporaneous completion is important to preserve accuracy and credibility.

How to Complete the Proof of Attempts — Step by Step

Follow these steps in order to create a clear, court-ready Proof of Attempts of Service by Summons.

01

Prepare Form: Use the court-prescribed or local template.
02

Record Details: Enter date, time, address, and person contacted.
03

Attach Evidence: Add photos, mail receipts, or logs.
04

File/Serve: File with clerk and include in motion.

Typical Workflow for Service Attempts and Proof Submission

This sequence describes how attempts are documented, validated, and submitted to the court as part of normal case processing.

Attempt Execution: Server performs and observes service attempt.
Immediate Entry: Server records time, method, and outcome.
Evidence Collection: Photographs or mail receipts attached.
Court Filing: Affidavit or proof filed with case.

Essential Components of a Professional Proof of Attempts

A complete proof combines structured data fields, a sworn narrative, and supporting exhibits so courts can evaluate the adequacy of service efforts without ambiguity.

Case Caption

Full court name, party names, and docket number clearly placed at the top so the proof is associated with the correct matter and accepted by the clerk.

Attempt Log

Chronological entries showing date, start/end times, location, and who was contacted, providing a time-stamped account of every attempt for judicial review.

Service Method

Clear identification of the method used (personal, substituted, certified mail, posting) with any statutory code referenced when required by local rules.

Affiant Statement

A concise sworn paragraph describing efforts, observations, and basis for concluding service was attempted or impossible, signed under penalty of perjury when required.

Supporting Exhibits

Attach photos, mail tracking receipts, door tags, and audio/video where permitted to corroborate the affiant's narrative and strengthen the record.

Certificate Block

Clerk or notary acknowledgment area, plus signature and date lines for the affiant and any required witness or notarial verification.

Configuring an Online Proof Template for Repeat Use

Set up a reusable template with required fields and automated captures to ensure consistent, complete proofs across cases.

Field	Configuration
Case Caption	Auto-fill from case management system
Attempt Date/Time	Use ISO or MM/DD/YYYY HH:MM format
Method	Dropdown with standardized options
Attachments	Require photo or receipt upload

Technical Considerations for Digital Completion and Submission

Verify the platform meets local court rules for electronic submissions and preserves an audit trail with timestamp and signer attribution.

File Formats: PDF and DOCX accepted
Integrations: Connects to case systems
Authentication: Email or SMS codes

Timing Considerations and Filing Expectations

Deadlines and processing expectations vary by court and case type; verify local rules before filing proofs or motions that rely on service documentation.

File with Motion:

Attach proof when filing for substituted service or default.

Local Rule Variance:

Some courts require proofs within specific days of motion.

Hearing Schedules:

Provide proof sufficiently before any scheduled hearing.

Clerk Processing:

Processing time depends on docket and court workload.

Record Retention:

Keep originals as long as litigation is active.

Key Milestones from Attempt to Court Decision

This sequence outlines the typical milestones from initial attempts through any court determination on service adequacy.

01

Attempt Documentation

Complete proof contemporaneously after each attempt.

02

File Motion for Service

Submit proof with motion if personal service unsuccessful.

03

Court Review

Judge evaluates sufficiency and may schedule hearing.

04

Order Issued

Court authorizes substituted service or denies request.

Real-World Scenarios Showing Proof of Attempts in Use

Examples illustrate common contexts where a clear proof resolved disputes or supported court orders.

Eviction Proceedings

A property manager documents three attempts at the tenant's door

photos of door and posted notice attached
The court accepted substituted service and moved the case forward based on contemporaneous evidence and certified mail receipts.

Subpoena for Records

A process server records unsuccessful personal delivery at office address

certified mail used as alternative
The affiant attached tracking and clerk relied on the proof to approve alternative service.

How Proofs Differ from Affidavits and Certificates of Service

Compare common document types used to record service efforts and attestation to avoid confusion about purpose and formality.

Document Type	Purpose	Typical Formality
Proof of Attempts	log attempts	moderate
Affidavit of Service	sworn statement	high
Certificate of Service	filing confirmation	low
Return of Service	official return	high

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Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
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Bulk Send	Yes	Yes	Yes	Yes	No
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Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About Proofs of Attempts

Answers to common questions about sufficiency, notarization, electronic completion, and correcting errors when preparing and filing proofs.

Need help? Contact support

When is substituted service permitted?
Substituted service is permitted when personal delivery is impracticable and the court finds the documented attempts reasonable. Local rules set the number of required attempts and acceptable alternative methods; check the court's civil procedure rules before filing a motion.
How many attempts are sufficient?
There is no universal count; courts evaluate reasonableness based on frequency, timing, and method. Document varied times and dates, evidence of absence, and efforts to locate the recipient to show diligence and justify alternatives.
Is notarization required for the proof?
Some jurisdictions require a sworn affidavit with notary acknowledgment; others accept unsworn proofs attached to motions. Verify local court rules and include notarization when required to avoid rejection.
Can the proof be completed electronically and signed?
Electronic completion and eSignatures are generally valid under ESIGN and UETA when intent, consent, attribution, and retention are met. Ensure the platform preserves an audit trail and meets any state-specific authentication rules.
How do I correct an error after filing?
File an amended proof or supplemental affidavit that identifies the correction and explains the reason, then serve opposing counsel. Courts prefer transparent corrections supported by evidence rather than informal changes to docket entries.
What supporting materials strengthen a proof?
Attach photographs, certified mail tracking, door tags, witness statements, and contemporaneous logs. Corroborating evidence reduces factual disputes and increases the likelihood a judge will accept alternative service methods.

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