Process Servers and Affidavits

Process servers often build a steady working relationship with a particular Commissioner for Oaths or Solicitor. Process servers have a specialised role involving the service of legal documents on persons who are to be involved in some form of legal proceedings.

This may involve tracing the whereabouts of the individual and handing it to the person or using other methods that will satisfy the legal requirements for any particular set of circumstances. After legally serving legal documents the last and step is to provide a proof of service document to the Court.

This can be achieved in three ways, a Statement of Service, Certificate of Service or an Affidavit of Service. If an Affidavit is required the process server who served the documents will be required to swear on Oath that the contents of his/her Affidavit are true. The oath is mostly taken by a Commissioner for Oaths, who are typically Solicitors and are automatically given this status.

There is a fee of £5.00 for taking the Affidavit, an additional £2.00 fee for each exhibit or schedule referred to. If the process server prefers s/he can affirm the Affidavit.

If the Affidavit is for County Court use a further set of people can be used. It can be sworn before a Judge or Registrar, Justice of the Peace or an officer of any Court appointed by the Judge of that Court or any other person authorised under the Commissioner for Oaths Acts 1989 and 1991.

If the Affidavit is sworn by a Judge, registrar, justice of the peace or any such officer can be sworn without a fee. So this can be a cheaper route than using a Commissioner for Oaths if a given court is able and willing to provide the service in an efficient matter.