Can I serve the summons and complaint on the other party myself?

No, in most courts. A party to the case generally may not serve their own summons. An adult who is not a party, a sheriff or marshal, or a registered or licensed process server usually handles it. For later papers such as motions, the rules are often looser, so check your court's rule for each type of paper.

Is regular mail enough to serve a summons?

Often not on its own. Many courts require personal delivery for a summons, and those that allow mail usually require certified or registered mail with a return receipt, a signed acknowledgment from the person served, or a court order. Follow the method your court's rules permit.

Who can sign the proof of service?

The person who actually served the papers signs it. That person states their name, age and that they are not a party to the case, then describes what they did. A sheriff or marshal may use the office's own return form.

Does a proof of service need to be notarized?

It depends on the court. Many courts accept a declaration signed under penalty of perjury, while others require an affidavit sworn before a notary. The optional notary block in the form can be used when your court requires it.

What is the difference between a proof of service and a certificate of service?

A proof of service for a summons and complaint is usually a detailed, sworn statement from a non-party server. A certificate of service is a shorter statement, often signed by the party or their attorney, confirming how and when a later paper, such as a motion or notice, was sent to the other side.

Is there a deadline to serve and to file the proof of service?

Yes. Courts set a time limit to serve the summons after the case is filed and a time to file the proof. The exact periods vary by court and case type, so check your local rules and the summons itself. Missing a deadline can delay the case or lead to dismissal.

What happens if service was done incorrectly?

The court may treat the other party as never served. A default judgment entered after defective service can be set aside, which means starting service over. If you discover a mistake, serve the papers again the correct way and file a new proof.

Do I have to use my court's official proof of service form?

Many state courts publish an official form, and where use of it is mandatory, that form controls. A general proof of service can still help you organize the facts before you transfer them to the court's form. Attorney review is available if you want a lawyer to check your paperwork.

Does this form work for serving the federal government or someone in another country?

No. Service on the federal government, a government agency, or a person outside the country follows separate rules and often a separate form. Check the rules of the court where your case is pending or speak with an attorney.

Proof of Service

Create a sworn proof of service that shows the court who served your papers, on whom, when, where and how.

Find out where you stand — what state are you in?

DocDraft provides document preparation, not legal advice.

Introduction

A proof of service is the sworn statement you file with the court to show that papers in your case were delivered the way the rules require. It names the papers served, the person who received them, the date, time and place, the method used, and the person who did the serving. Until the court has proof that the other side was properly served, it usually cannot move the case forward or enter a judgment against them. The rules are strictest for initial process, meaning the summons and complaint that start a lawsuit. In most courts a party to the case may not serve their own summons; an adult who is not a party, a sheriff or marshal, or a registered or licensed process server does it instead. Handing the papers to the person is the standard method, and ordinary first-class mail alone is often not enough for a summons unless the court's rules allow it under set conditions, such as certified mail or a signed acknowledgment. Papers filed after the case is underway, such as motions and notices, are easier to serve. They usually go to the other party or their attorney by mail, hand delivery or electronic service, and a short certificate of service is often all the court needs. Many state courts publish an official proof of service form, and where one is mandatory, the court's form controls. There are also deadlines to serve and to file the proof. Mistakes matter: defective service can lead a court to set aside a default judgment. Service on the federal government, a government agency or a person outside the country follows separate rules.

Key Things to Know

1
Who may serve depends on the court. For a summons and complaint, the server is usually an adult who is not a party to the case, a sheriff or marshal, or a registered or licensed process server, and many courts publish an official proof of service form that must be used.
2
A party generally may not serve their own summons. Ask a friend or relative over the minimum age who is not in the case, a sheriff's office or a professional process server to do it, and have that person sign the proof.
3
Ordinary mail alone is often not valid for a summons. Where a court permits service by mail, it usually requires certified or registered mail with a return receipt, a signed acknowledgment from the person served, or a court order.
4
There are two deadlines to watch: the time allowed to serve the summons after the case is filed, and the time allowed to file the proof of service with the court. Missing either can delay the case or lead to dismissal.
5
The proof is sworn. The server signs it under penalty of perjury, and some courts require a notarized affidavit instead of a declaration. Record the facts exactly as they happened; never change a date, time or method.
6
Later papers, such as motions, notices and responses, usually need only a certificate of service stating how and when they were sent to the other party or their attorney.
7
Defective service can undo your case. A default judgment entered after improper service can be set aside, so follow your court's rule exactly. Service on the federal government, a government agency or someone in another country follows separate rules.

Who may serve a summons, official forms and proof format by state

Who may serve the summons and complaint, whether your state publishes an official proof of service form, and how the proof must be signed. Open your state's page before you serve.

State	Who may serve a summons	Official proof form	Proof format
Alabama	Sheriff or any non-party 19 or older	Return on Form C-34 summons	See the state page
Alaska	See the state page	See the state page	See the state page
Arizona	Sheriff or certified private process server	See the state page	Unsworn declaration allowed
Arkansas	Sheriff or specially authorized server	Return on statewide summons form	See the state page
California	Any non-party 18 or older	POS-010 (mandatory)	Declaration under penalty of perjury allowed
Colorado	Any non-party 18 or older	JDF 98 affidavit of service	Declaration allowed
Connecticut	See the state page	See the state page	See the state page
Delaware	Sheriff (no general private service)	None statewide	See the state page
Florida	Sheriff or appointed or certified process server	See the state page	Declaration under penalty of perjury allowed
Georgia	See the state page	SC-2 (sheriff's entry of service)	See the state page
Hawaii	Any non-party 18 or older	Return form 1C-P-022	Declaration allowed
Idaho	Any non-party 18 or older	CAO Cv 2-4X affidavit of service	Declaration allowed
Illinois	Sheriff, licensed investigator or court-appointed server	Proof in ATJ 1503.8 summons packet	Verification under 735 ILCS 5/1-109
Indiana	See the state page	None statewide	See the state page
Iowa	Any non-party who is not a party's attorney	See the state page	Declaration allowed
Kansas	See the state page	Summons and Return of Service (KSJC)	Declaration allowed
Kentucky	See the state page	See the state page	See the state page
Louisiana	Sheriff (private server only by court appointment)	See the state page	Sheriff's return; see the state page
Maine	See the state page	See the state page	See the state page
Maryland	See the state page	DC-CV-002 (District Court)	Written affirmation allowed
Massachusetts	Sheriff, deputy sheriff or constable	See the state page	See the state page
Michigan	Any competent adult non-party	MC 01 (proof on reverse)	Unsworn declaration allowed
Minnesota	Any non-party 18 or older	SOP102 / SOP104 affidavits	Declaration allowed
Mississippi	Any non-party 18 or older	Proof on Form 1A summons	See the state page
Missouri	Any non-party 18 or older	Return on Form No. 1 summons	See the state page
Montana	Any non-party 18 or older	See the state page	Declaration allowed
Nebraska	See the state page	CC 3:21 service return	See the state page
Nevada	Any non-party 18+ (regular servers need a license)	See the state page	Declaration allowed
New Hampshire	See the state page	See the state page	See the state page
New Jersey	See the state page	None statewide	Certification allowed
New Mexico	Any non-party 18 or older	Return in Form 4-206 summons	See the state page
New York	Any non-party 18 or older	None statewide	Affirmation allowed (CPLR 2106)
North Carolina	Officer first; private server after officer fails	Return on AOC-CV-100 summons	See the state page
North Dakota	Any non-party of legal age	None statewide	Declaration allowed
Ohio	Clerk by mail, sheriff or special process server	None statewide	Affidavit (no unsworn declaration law)
Oklahoma	Sheriff or licensed process server	Return on statutory Form 1	Declaration allowed
Oregon	Any competent non-party adult resident	See the state page	See the state page
Pennsylvania	Sheriff (competent adult in Philadelphia only)	None statewide	See the state page
Rhode Island	Any non-party 18 or older	See the state page	See the state page
South Carolina	Any non-party 18 or older, not an attorney in the case	SCCA 402 CP affidavit of service	See the state page
South Dakota	Any non-party 18 or older	Statutory admission form (SDCL 15-6-4(j))	Declaration allowed
Tennessee	Any non-party 18 or older	Return on AOC civil summons	See the state page
Texas	Sheriff, constable, certified server or court-authorized adult	None statewide	Verified or unsworn declaration (Rule 107(e))
Utah	Any non-party 18 or older	1020GE proof of completed service	Declaration allowed
Vermont	Sheriff or constable (no private servers)	See the state page	Declaration allowed (since 2025)
Virginia	Any non-party 18 or older, not interested	CC-1407 (circuit court)	Declaration allowed
District of Columbia	Any non-party 18 or older	CV-3035 affidavit of service	Declaration allowed
Washington	Any non-party 18 or older	None statewide	Declaration allowed
West Virginia	Any non-party 18 or older	None statewide	Declaration allowed
Wisconsin	Any adult non-party resident	None statewide	Declaration allowed (since 2024)
Wyoming	Any non-party 18 or older	None statewide	Declaration allowed

Key Decisions

What Was Served

How It Was Served

Filing the Proof

Proof of Service Requirements

Use a Server Your State Allows
Each state limits who may serve a summons and complaint, such as a sheriff, a licensed or certified process server, or an adult who is not a party. A party to the case generally may not serve the summons.
Follow a Permitted Method of Service
Serve the papers by a method your state's rules permit, such as personal delivery or substituted service at the person's home. Each method has its own conditions.
Do Not Rely on Ordinary Mail Alone for a Summons
Ordinary mail alone is often not a valid way to serve a summons and complaint. Where mail is allowed, it usually requires certified mail, a return receipt or a signed acknowledgment.
Use Your State's Official Proof Form Where One Exists
Many states publish official proof of service forms. Where one exists, and especially where it is mandatory, the court's form controls and should be used.
Record the Date, Time, Place and Manner of Service
The proof should state what papers were served, on whom, the date, time and place, the method used, and the name of the person who served them.
Sign Under Oath or Penalty of Perjury as Required
The person who served the papers signs the proof, either as a notarized affidavit or as a declaration under penalty of perjury, depending on your state's rules. A sheriff's return may follow its own format.
Serve Within the Deadline and File the Proof on Time
States set a deadline to serve the summons after the case is filed, and some set a deadline to file the proof. Missing them can lead to dismissal.
Use a Certificate of Service for Later Papers
After the other side appears in the case, later papers such as motions are usually served on the party or their attorney and proved with a short certificate of service.
Tell the Truth in the Proof
A proof of service is a sworn statement. Stating facts that did not happen can lead to the judgment being set aside and to sanctions.

Customize your Proof of Service Template with DocDraft

PROOF OF SERVICE

[NAME OF COURT] [COUNTY OR DISTRICT WHERE THE CASE IS FILED]

[PLAINTIFF OR PETITIONER NAME], Plaintiff/Petitioner,

v. Case No. [CASE NUMBER]

[DEFENDANT OR RESPONDENT NAME], Defendant/Respondent.

PROOF OF SERVICE

Server. My name is [SERVER'S FULL NAME]. I am at least [MINIMUM AGE UNDER YOUR COURT'S RULES] years of age, and my age is [SERVER'S AGE]. I am not a party to this case. My business or residence address is [SERVER'S ADDRESS]. [IF APPLICABLE: I am a registered or licensed process server, registration or license number [NUMBER], issued by [ISSUING AUTHORITY], expiring [EXPIRATION DATE].]
Papers served. I served copies of the following papers: [LIST EACH PAPER SERVED, FOR EXAMPLE SUMMONS, COMPLAINT, CIVIL COVER SHEET, NOTICE OF HEARING, MOTION].
Person served. I served [FULL NAME OF THE PERSON OR ENTITY SERVED]. [IF APPLICABLE: The papers were received on behalf of an entity by [NAME AND TITLE OF THE PERSON WHO ACCEPTED THEM], who is authorized to accept service for that entity.]
Date, time and place. Service was made on [DATE] at [TIME] at [FULL ADDRESS WHERE SERVICE WAS MADE].
Method of service. I served the papers by the following method, which is permitted by the rules of this court: [DESCRIBE THE METHOD EXACTLY AS IT HAPPENED, FOR EXAMPLE PERSONAL DELIVERY TO THE PERSON NAMED ABOVE, DELIVERY TO A COMPETENT ADULT AT THE PERSON'S HOME, CERTIFIED MAIL WITH RETURN RECEIPT, OR ELECTRONIC SERVICE TO AN ADDRESS OF RECORD]. [IF APPLICABLE: Papers were left with [NAME OR DESCRIPTION OF THE ADULT WHO RECEIVED THEM], whose relationship to the person served is [RELATIONSHIP].] [IF APPLICABLE: A copy was also mailed on [MAILING DATE] to [MAILING ADDRESS] by [TYPE OF MAIL SERVICE]. The return receipt or signed acknowledgment is attached.]
Description of person served. [PHYSICAL DESCRIPTION OF THE PERSON WHO RECEIVED THE PAPERS, SUCH AS APPROXIMATE AGE, HEIGHT AND HAIR COLOR].
Fees. [IF APPLICABLE: My fee for service was $[AMOUNT].]

DECLARATION

I declare under penalty of perjury under the laws of [STATE WHERE THE CASE IS FILED] that I am the person who served the papers described above, that I am not a party to this case, and that the foregoing is true and correct.

Executed on [DATE SIGNED] at [CITY AND STATE WHERE SIGNED].

[SIGNATURE OF SERVER] [PRINTED NAME OF SERVER]

[IF APPLICABLE: NOTARY ACKNOWLEDGMENT]

State of [STATE] County of [COUNTY]

Subscribed and sworn to (or affirmed) before me on [DATE] by [SERVER'S NAME], proved to me on the basis of satisfactory evidence to be the person who appeared before me.

[SIGNATURE OF NOTARY PUBLIC] [PRINTED NAME OF NOTARY] My commission expires: [COMMISSION EXPIRATION DATE] [NOTARY SEAL]

Find out where you stand — what state are you in?

Introduction

Key Things to Know

Who may serve a summons, official forms and proof format by state

Key Decisions

What Was Served

How It Was Served

Filing the Proof

Proof of Service Requirements

Use a Server Your State Allows

Follow a Permitted Method of Service

Do Not Rely on Ordinary Mail Alone for a Summons

Use Your State's Official Proof Form Where One Exists

Record the Date, Time, Place and Manner of Service

Sign Under Oath or Penalty of Perjury as Required

Serve Within the Deadline and File the Proof on Time

Use a Certificate of Service for Later Papers

Tell the Truth in the Proof

Customize your Proof of Service Template with DocDraft

Frequently Asked Questions