Affidavit of Service (Form 3)

Any person who serves a document in a Magistrates Court civil proceeding must prove service by affidavit (r 43 of the Magistrates Court (Civil Division) Rules 1998 (Tas)). Form 3 records who served, when, on whom, which document, and by which method. The methods on the form follow rule 40: personal service, registered post to the usual residence or business, leaving the document at the residence or business with a person apparently 16 or over, leaving it at or posting it to a company's registered office, or another authorised means. The claim form (Form 1) has its own affidavit of service on page 2, so Form 3 is mostly used for other documents.

When you need it

• You have served an application, affidavit, notice or other document and need to prove it, for example before a hearing.
• You have served a provisional or final garnishee order on the garnishee and the judgment debtor. The court's civil disputes page says to complete an affidavit of service after each.
• You are a process server or other person who served a document on someone else's behalf.

1. 1

   Heading

   Enter the court address, action number, and the claimant and defendant.

2. 2

   About you

   Give your full name, address and occupation. The person who actually did the serving makes the affidavit.

3. 3

   When and on whom

   State the date and time of service, the name of the person or company served and their role in the case (for example "defendant" or "garnishee"), and the name and date of the document served.

4. 4

   How it was served

   Tick one method and complete the address: personal service; registered post to the usual residence or business of the party or their practitioner; leaving it at the residence or business with a named person apparently 16 or older; leaving it at or posting it to a company's registered office; or describe another authorised means, such as service ordered by the Court.

5. 5

   Swear it

   Sign before a justice of the peace or another person authorised to take affidavits, who completes the place and date (r 62).

• File the affidavit of service at the registry dealing with the matter, usually before or at the hearing or step that depends on service.
• If you served by registered post, file the posting receipt bearing the serial number referred to in the affidavit and the delivery receipt signed by the person who took delivery (r 40A).
• Service takes effect when personally served, when sent by fax or EDX in business hours on a business day, or otherwise 2 business days after service (r 41(1)).

• Do not serve documents on Good Friday or Christmas Day (r 40(4)).
• If you cannot serve by the usual methods, apply for an order for substituted service, for example by advertisement; you must show proper cause (r 42).
• Documents other than an originating process may also be served by ordinary post, document exchange, EDX or fax to the address for service (r 40(3)). Describe the method used in the "other authorised means" box.