Return of service
Many summons forms contain a return section completed by the authorized server to record service or nonservice.
Attorney Resource Center
Affidavit and Return of Service Explained
Proof of service creates a record of what was served, on whom, when, where, and how. The exact required form depends on the process, court, rule, and assignment.
- Massachusetts-focused guidance
- Official-source references
- Practical assignment planning
Key Considerations
Plan the assignment carefully
Assignment Checklist
Information that supports efficient service
- Complete, final document set
- Exact recipient name and legal capacity
- Best known service address and alternate addresses
- Applicable deadline and urgency
- Requested method and special instructions
- Reliable identifying and access information
- Attorney or staff reporting contact
Frequently Asked Questions
Affidavit and Return of Service Explained
Are “return of service” and “affidavit of service” identical?
Not always. Terminology and required forms vary. The issued summons may have a return, while another assignment may require a separate affidavit or certificate.
Who files the proof with the court?
That depends on the assignment and court practice. The requesting office should state whether the server should return proof to counsel or file it as instructed.
What should counsel do when information is incorrect?
Address discrepancies promptly. Do not alter a sworn document informally; determine whether a corrected or supplemental return or affidavit is appropriate.
Does proof of an attempt equal proof of service?
No. An attempt record documents activity but does not represent that service was completed.
Attorney Process Serving
Ready to submit the assignment?
Send complete documents, recipient information, deadline, and service instructions.