- 1). Obtain a standard affidavit of execution form from the court clerk. If you are designated to serve process--a summons or subpoena, for example--the court clerk provides you the affidavit of execution at the same time you receive the summons or subpoena. You return the affidavit of execution to the court clerk when you serve the summons or subpoena to verify that service.
- 2). Serve the document (summons or subpoena) from the court on the specified individual. There are several types of service. These include personal service on the specified individual or service on a person of a responsible age at the specified individual's address. Typically, a person of a responsible age is someone over the age of 12. Other alternatives include posting the court papers in a conspicuous location at the individual's residence (typically the front door). Finally, if there is no known address for this person, service is done by publishing a legal notice in a newspaper.
- 3). Insert the name of the individual served on the affidavit of execution (if it is not pre-printed by the court clerk) when you complete service of a summons or subpoena.
- 4). Add the address where service is made in the appropriate space on the affidavit of execution.
- 5). Note the date and time of service on the affidavit of execution.
- 6). Include the type of service made: personal, another person of responsible age, posting or publication.
- 7). Sign the affidavit in front of a notary public. You must sign the affidavit of execution in front of a notary public, or it is invalid.
- 8). File the affidavit of execution with the clerk of the court. Make sure you file the affidavit of execution by the deadline indicated on the document itself.
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