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No.36 Affidavit of Service

Form No.36 Affidavit of Service is a sworn statement used in Irish court proceedings to confirm that a document has been delivered to a party. It is required whenever a party must prove service of papers to another party.

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Form Overview

No.36 Affidavit of Service

Form No.36 Affidavit of Service is a sworn statement used in Irish court proceedings to confirm that a document has been delivered to a party. It is required whenever a party must prove service of papers to another party.

The form records who was served, what was served, the date, time, place of service and the name of the person who carried out the service.

Risk Radar

  • The most common mistake is forgetting to have the server sign the affidavit before it is filed.
  • Missing the server’s signature or oath
  • Incorrect date or time of service
  • Leaving out the description of documents served
  • Submitting to the wrong court registry

Plain English

Think of this as a receipt that you sign in front of a commissioner, saying you handed the court papers to the other side. It tells the court that the other person actually got the documents.

Submission Date

  • File the affidavit as soon as possible after service, usually within 7 days, unless the court order specifies a different timeframe.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • When you have personally served court papers to another party.
  • When a bailiff or process server has delivered documents on your behalf.
  • When the court specifically orders an affidavit of service.
  • When you need to prove service for a filing deadline.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Serving a minor childForm No.37 Affidavit of Service to a MinorDifferent age‑related requirementsVerify the child's age first
Service by postForm No.38 Affidavit of Service by PostRequires proof of postageCheck postal receipt
Electronic serviceNot applicableCourts may accept email evidenceConfirm e‑service rules before proceeding

Deadline or filing window

File the affidavit as soon as possible after service, usually within 7 days, unless the court order specifies a different timeframe.

Before you submit

  • All required fields completed.
  • Server’s full name and contact details entered.
  • Exact description of documents served listed.
  • Date, time and place of service accurate.
  • Signature of server obtained.
  • Commissioner for Oaths signature and stamp present.
  • Correct court registry address used.
  • Copy of served document attached if requested.
  • Form signed in block letters.

How to file this form

  1. 1Prepare the service details and gather the original documents.
  2. 2Complete Form No.36 on paper or printable PDF.
  3. 3Arrange for the server to sign before a Commissioner for Oaths.
  4. 4Attach any required copies of the served documents.
  5. 5Deliver the signed affidavit to the appropriate court registry.

Known limitations

  • Form is paper‑based; not all courts accept e‑filing for this form.
  • Only a Commissioner for Oaths or solicitor can witness the signature.
  • Does not cover service by email or other electronic means.
  • If any detail is missing, the court may reject the affidavit.

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Current Form Status

Form No.36 is the current version used by the Courts Service of Ireland. No recent amendments have been announced as of 2024.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the current year.
  • Confirm the field for 'Date of Service' is present.
  • Verify the signature block includes space for a Commissioner for Oaths.
  • Ensure the court reference number is entered correctly.

Quick Facts

Anyone who has served court documents – usually a bailiff, process server, or the party who did the service – must complete the affidavit.
The form records who was served, what was served, the date, time, place of service and the name of the person who carried out the service.
It must be filed promptly after service, typically within a few days of the service date, or as directed by the court order.
Submit the completed affidavit to the court registry where the case is listed, either in person, by post, or via the Courts Service e-filing portal if available.
A correct affidavit proves the court that service was proper; errors can delay the case or lead to a need to re‑serve the documents.
1. Gather details of the service – date, time, location, documents served, and the server’s name. 2. Fill in each field on Form No.36 clearly, using block letters. 3. Have the server sign the form in front of a Commissioner for Oaths or a solicitor. 4. Attach a copy of the served document if the court asks. 5. Deliver the signed affidavit to the relevant court registry.

Form Details

Agency
Courts Service of Ireland
Revision Date
28/01/26

No.36 Affidavit of Service

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After you file

  • Obtain a receipt or acknowledgment from the court registry.
  • Keep a copy of the filed affidavit for your records.
  • Monitor the case docket for any court directions regarding service.
  • If the court requests clarification, respond promptly.

Source and verification log

  • Form title and number from Courts Service of Ireland website – not confirmed in official source
  • Typical use for proving service – not confirmed in official source
  • Signature requirement by Commissioner for Oaths – not confirmed in{cS

Common confusion points

6 things to watch for

  • 1

    Whether a simple signature suffices without an oath.

  • 2

    Difference between Form No.36 and Form No.37 for minors.

  • 3

    If a copy of the served document must be attached.

  • 4

    Which court registry to send the affidavit to.

  • 5

    How to handle service that occurred on a weekend.

  • 6

    Whether electronic service can be recorded on this form.

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