CLPS Documentation 4 — Questions and Answers
Question 1: Which element is NOT typically required on a standard affidavit of service?
- Date and time of service
- Server's notarized signature
- Defendant's social security number (Correct answer)
- Description of documents served
Correct answer: Defendant's social security number
A defendant's social security number is private information not required on an affidavit of service; it is unnecessary to establish valid service.
Question 2: A process server photographs the defendant at the moment of service. How should this be referenced in the documentation?
- The photo should replace the written affidavit
- The photo should be noted as supplemental evidence in the affidavit (Correct answer)
- Photographs are inadmissible and should be discarded
- The photo must be submitted to the court before filing the affidavit
Correct answer: The photo should be noted as supplemental evidence in the affidavit
Photographs serve as supplemental evidence supporting the affidavit and should be referenced in the affidavit as an attachment or exhibit.
Question 3: What should a process server do if they realize they made an error on a filed affidavit of service?
- Alter the original filed document
- Notify the attorney and file a corrected or amended affidavit (Correct answer)
- Ignore minor errors as they do not affect validity
- Request the court to dismiss the case
Correct answer: Notify the attorney and file a corrected or amended affidavit
The correct procedure is to inform the attorney and file an amended affidavit with the accurate information; altering a filed document is unlawful.
Question 4: For purposes of documentation, what distinguishes 'personal service' from 'substitute service' in the affidavit?
- Personal service requires two witnesses; substitute service requires one
- Personal service notes documents were handed directly to the named defendant; substitute identifies the recipient and their relationship (Correct answer)
- There is no difference in documentation requirements
- Personal service is only documented by the court clerk
Correct answer: Personal service notes documents were handed directly to the named defendant; substitute identifies the recipient and their relationship
The affidavit must clearly distinguish whether the named defendant was served directly (personal) or whether a substitute recipient accepted service on their behalf.
Question 5: A process server's logbook or field notes differ from the official affidavit in what key way?
- Field notes are sworn statements; affidavits are informal records
- Field notes are personal working records; the affidavit is the official sworn legal document filed with the court (Correct answer)
- Field notes are submitted to the court; affidavits go to the attorney only
- There is no practical difference between the two documents
Correct answer: Field notes are personal working records; the affidavit is the official sworn legal document filed with the court
Field notes are the server's personal records for their own reference, while the affidavit is a sworn, formal document with legal standing filed in court.
Question 6: When serving a subpoena versus a summons and complaint, how does documentation differ?
- Subpoena service never requires an affidavit
- The type of document served must be accurately identified in the affidavit, as the legal consequences differ (Correct answer)
- Only summons and complaint service requires the server's signature
- Subpoenas require notarization while summons do not
Correct answer: The type of document served must be accurately identified in the affidavit, as the legal consequences differ
The affidavit must accurately name and describe the documents served because the legal obligations they create for the recipient are different.
Question 7: What is 'sewer service' and why is it a documentation fraud concern?
- Service performed at a sewage treatment facility
- Falsely claiming service was made when it was not, resulting in invalid default judgments against unaware defendants (Correct answer)
- Service of documents related to municipal utility disputes
- An informal term for service at a defendant's back entrance
Correct answer: Falsely claiming service was made when it was not, resulting in invalid default judgments against unaware defendants
Sewer service is the fraudulent practice of claiming service was completed without actually serving the defendant, which is perjury and deprives defendants of due process.
CLPS Documentation 4
Which element is NOT typically required on a standard affidavit of service?