Affidavit of Service in New Brunswick
- •An affidavit of service proves to the court that a document was properly served on the other party — the prerequisite for the court taking any action that affects them.
- •Filed under NB Rules of Court, Rule 18 using NB Rule 60 affidavit form. The affidavit must identify the document served, the recipient, the date / time / location / method of service, and how the deponent identified the recipient.
- •Improper service is one of the most common reasons motions get adjourned. Get it right or the court can't proceed.
Filing procedure in New Brunswick
Motions on this topic in New Brunswick are governed by NB Rules of Court, Rule 18. The supporting affidavit is filed using NB Rule 60 affidavit form.
Filed with the Court of King's Bench (Family Division) of New Brunswick. Each New Brunswick family courthouse has slightly different motion-day schedules and filing-counter procedures — check the courthouse-specific page for your city before filing.
What service is and why it matters
Service is the formal process of giving the other party notice that you've filed something with the court. The court will not act on a document — motion, application, response — until the other party has been properly served. The affidavit of service is the evidence that service happened.
Methods of service
Family-court rules in every province distinguish between personal service (handing the document to the recipient in person) and substituted service (other methods, sometimes requiring court approval). Common acceptable methods:
- Personal service — most reliable, often required for originating documents
- Service on the recipient's lawyer (if represented and lawyer accepts service)
- Service by mail (limited to specific document types in most provinces)
- Service by email (increasingly accepted with consent or court order)
- Service by registered mail (acceptable for some response documents)
- Substituted service — court-ordered alternate method (e.g., service via social media) when normal methods fail
What the affidavit must contain
- Identity of the deponent (the person who served the document — can be a party, a friend over 18, or a process server)
- Identification of the document served — name, date, what court matter it relates to
- When service occurred — exact date, time
- Where service occurred — full address including unit / apartment number
- How service occurred — method (in person, email, etc.) and any specific details (handed to recipient, left at door, refused)
- Identification of the recipient — how the deponent knew the person served was actually the intended recipient (personal knowledge, photo ID checked, identified by another known person)
- If recipient refused to take the document or hid: details of the attempt
Frequently asked
Can I serve documents on my ex myself?
In most family-court matters, yes — but originating documents (the first document starting a case) often require personal service by someone other than the party. Check your province's rules. For follow-up documents you can usually serve yourself.
What if my ex refuses to take the document?
Drop service is acceptable in most provinces — if the recipient refuses to take the document, the server states clearly what's being served, leaves it in their presence (or at their feet / on their doorstep), and reports the refusal in the affidavit. The service still counts.
What if I can't find my ex to serve them?
Apply to the court for an order for substituted service. You'll need an affidavit explaining what attempts you've made to find them and proposing an alternative service method (typically social media, email, service on a family member, or service by publication for cases where the party has truly disappeared).