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Federal Court First Case Management Hearing 21 August 2024, page-267

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    Purpose of an affidavit of service

    An affidavit of service is a particular type of affidavit. In general, an affidavit is a written statement made by a person who swears under oath that the statement is true. The document is signed by the person making the statement, as well as by a notary public or other person who is legally authorized to administer an oath, such as certain court and government officers.

    An affidavit of service, also sometimes called a proof of service affidavit, is a type of affidavit that relates to legal documents that are filed with a court as part of a legal proceeding. When one party to a lawsuit files a document with the court, that party is legally required to provide a copy of that document to the opposing party, an action called serving the other party. For example, when a plaintiff files the initial complaint, a copy of the complaint must be provided to the defendant. When the defendant files an answer to the complaint, a copy of the answer must be provided to the plaintiff. An affidavit of service is then filed as proof that the document was provided to the other party.


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