Does the document title decide whether a notary is required?
No. An affidavit of service, a proof of service, and a return of service can be notarized, verified, or signed under penalty of perjury.
Document Guides
Process-server affidavits of service and online notarization
A document title does not decide whether a process-server return is notarized. New York, California, Texas, and Maryland examples show why the signature block controls.
iRemoteNotary Editorial Team
Published and reviewed by iRemoteNotary
Last reviewed October 5, 2026
Quick Answer
Does an affidavit of service always need a notary?
No. There is no single nationwide rule based only on the document title. An affidavit of service, a proof of service, and a return of service can be notarized, verified, or signed under penalty of perjury. The page in your hands decides the session.
These official examples are why the title is not enough. iRemoteNotary completes a notarial section that is printed on the page. It does not serve process and does not decide whether service was legally sufficient.
Three documents that are not the same thing
People use these names interchangeably. The signature block is more reliable than the title.
Affidavit of service
An affidavit is a sworn statement. Some courts tell the server to sign it in front of a notary.
Proof of service
A proof of service can be a court form that uses a declaration instead of a notary certificate.
Return of service
A return is what the server files to report service or non-service. The return's own instructions say how it is signed.
Verification, notarization, and a declaration under penalty of perjury
Verification means the server confirms the facts in the manner the return requires. Notarization means a notary completes a certificate printed on the page, such as a jurat or an acknowledgment. A declaration under penalty of perjury is signed by the server without that certificate.
The general explanation of a jurat is in what a sworn affidavit is. This page does not repeat that article.
Official examples
Each example below is limited to the official page or form that was reviewed. It is not a rule for every case in that state.
New York
CPLR 306(d) calls for a certificate from a sheriff or other public officer and an affidavit from anyone else. CPLR 2106 allows an affirmation in lieu of an affidavit. Some court forms still say the server signs before a notary. The former CourtHelp affidavit page returns Page not found and is not a live instruction. The page you will file controls the session. See the New York guide.
California
Judicial Council form POS-040, Rev. January 1, 2020, is a proof of service by first-class mail that uses a declaration under penalty of perjury. This page does not say California never uses a notary.
Texas
Texas Rule of Civil Procedure 107 provides that a private server's return may be verified or signed under penalty of perjury. Use the declaration printed on the return. Official materials have used more than one declaration wording. No citation URL is added here because the source table did not include one.
Maryland
The Maryland Courts service help page describes a sworn affidavit of service. Family forms CC-DR-055 and CC-DR-056, Rev. 04/2021, use a perjury affirmation and do not show a notary certificate. Those are family forms. They are not a description of every Maryland civil case.
| Example | Execution on the official material | Notary certificate on that example |
|---|---|---|
| New York CPLR 306 and 2106 | Certificate, affidavit, or affirmation | Only if the page prints a jurat |
| California POS-040 Rev. January 1, 2020 | Declaration under penalty of perjury | No |
| Texas Rule 107 private-server return | Verified, or signed under penalty of perjury | Use the wording printed on the return |
| Maryland family forms CC-DR-055 and CC-DR-056 Rev. 04/2021 | Perjury affirmation | No on those family forms |
Why the title misleads
A page titled Affidavit of Service can still use a perjury declaration. A page titled Proof of Service can still print a notary certificate. Read the signature block.
Send the unsigned page
Not sure whether your exact document contains a notarial section? Send the unsigned document for review before scheduling.
How to tell what your form needs
- Find the signature block.
- Look for a notary venue, a seal line, or the words sworn before me.
- Look for under penalty of perjury.
- If both appear, send the page.
Send the unsigned page
Not sure whether your exact document contains a notarial section? Send the unsigned document for review before scheduling.
Completing a notarial section online
When the page prints a notarial section, the named signer appears by live audio-video with a commissioned U.S. online notary. Remote online notarization is performed under the law of the online notary's commissioning state.
Start from start a process-server notarization or from professional affidavit notary services.
Start the request
Need a professional affidavit or agency document notarized? Start an online notary request.
A server who is outside the United States
A principal may appear by audio-video from outside the commissioning state when that state's online-notary rules allow the act. The recipient still decides acceptance. The same point is on U.S. affidavit for a signer overseas and notarize a U.S. affidavit while abroad.
Outside the United States or coordinating signers in different locations? Message iRemoteNotary on WhatsApp at +1 (305) 608-4003: https://wa.me/13056084003
What to send before scheduling
- The unsigned return, proof, or affidavit
- The court or other recipient
- Whether the signature block is a notary certificate or a perjury declaration
- The server's name, and the company name if a coordinator is sending it
Send the unsigned page
Not sure whether your exact document contains a notarial section? Send the unsigned document for review before scheduling.
Decide which proof you are holding
- Where is the case filed?
- What type of process was served: summons, subpoena, later paper, publication, or substituted service?
- Where was service performed?
- Who served it: sheriff, certified server, or another adult?
- What does that jurisdiction call the proof?
- Is the page an affidavit, declaration, certificate, return, or a mix?
- Does the signature block name an oath officer?
- Is a penalty-of-perjury option printed?
- Does the officer path differ from the private-server path?
- Does the form ask for a registration, certification, or license number?
- What filing timing does that rule state?
- Did any official proof rule expressly address remote notarization? In the materials reviewed for this library, no express recipient-acceptance source was identified.
- Is there a detailed jurisdiction guide below, or only this national matrix?
- Send the unsigned proof with the court name before scheduling.
National proof matrix
A diligent-search or publication-prerequisite statement is not this return. Florida Forms 12.913(b) and 12.913(c) are covered on the diligent-search guide.
Each row is one core jurisdiction: the 50 states, the District of Columbia, and Federal Rule 4. New York City is a local licensing and records rule, not a 53rd state, and it does not change the New York notarization rule. That local guide is New York City process-server license and records. No express recipient-acceptance source was identified in the official materials reviewed.
New Jersey stays in this matrix only. Its current rules-book text was not opened, and form 10516 prints both a declaration and a jurat. Georgia stays here until the official code page is opened. Kentucky, South Dakota, and Vermont rows keep the source limits noted in the authority file.
| Jurisdiction | Private-server proof | Officer distinction | Traditional notary explicit? | Perjury alternative? | Guide |
|---|---|---|---|---|---|
| Federal | Affidavit; no notary named | Marshal or deputy marshal exception | No | No | Detailed guide |
| New York | Affidavit or CPLR 2106 affirmation | Certificate | Form-specific | Yes, affirmation | Detailed guide |
| California | Perjury declaration | Sheriff or marshal certificate | No on current POS-010 | Yes | Detailed guide |
| Texas | Verified return or perjury declaration | Sheriff, constable, and clerk exempt | Only if the return is verified | Yes | Detailed guide |
| Florida | Affidavit under Rule 1.070 and signed return under § 48.21 | Signed return; notary not named in § 48.21 | Not resolved between the two texts | No | Detailed guide |
| Pennsylvania | Affidavit, sworn or § 4904 | Sheriff return | Only if the affidavit is the sworn form | Yes | Detailed guide |
| Massachusetts | Affidavit, including constables | Sheriff, deputy, or special sheriff return | No | Yes, § 1A | Detailed guide |
| South Carolina | Notary jurat on SCCA 402 CP | Sheriff certificate | Yes, on the current form | No | Detailed guide |
| North Carolina | Affidavit; notary not named | Certificate | No in the statute | No | Detailed guide |
| Minnesota | Affidavit or § 358.116 declaration | Peace-officer certificate | No, if the declaration is used | Yes | Detailed guide |
| Missouri | In-state affidavit; oath officer not named | In-state signature; out-of-state sworn affidavit | Yes for the out-of-state officer affidavit | No | Detailed guide |
| New Mexico | Jurat before a judge, notary, or other oath officer | Sheriff certificate, notarization not required | Yes for a private server | No | Detailed guide |
| Michigan | Perjury certificate | Certificate, including an attorney on the in-state path | No on current proof of service | Yes | Detailed guide |
| Oregon | Certificate, or declaration in lieu of affidavit | Officer certificate | Only if an affidavit is used | Yes | Detailed guide |
| Arizona | Affidavit with county of registration | Marked return | No | No | Detailed guide |
| Maryland | Affidavit, or perjury affirmation on the family and district forms | Sheriff return | Optional under Rule 1-304 | Yes | Detailed guide |
| Nevada | Affidavit or NRS 53.045 declaration | Same affidavit sentence | No on the declaration form | Yes | Detailed guide |
| Washington | In-state affidavit or unsworn declaration | Endorsed return | Yes for out-of-state personal service | Yes in state | Detailed guide |
| Illinois | Affidavit with § 1-109 effect | Sheriff or coroner endorsement | No further oath under § 1-109 | Yes | Detailed guide |
| Colorado | Sworn or unsworn declaration | Certified statement | No on JDF 98 R4/20 | Yes | Detailed guide |
| Utah | Affidavit or Title 78B declaration | Attorney and listed officers exempt | No on form 1020GE | Yes | Detailed guide |
| Connecticut | Not the ordinary path | State marshal return | No on the ordinary return | No | Detailed guide |
| Virginia | Affidavit plus annotation | Supreme Court sheriff return | No | No | Detailed guide |
| Arkansas | Sworn before a notary | Sheriff or deputy certificate | Yes for a non-sheriff | No | Detailed guide |
| West Virginia | Form jurat; rule says affidavit | Deputy sheriff exception | Yes on SCA-FC-132 | No | Detailed guide |
| North Dakota | Perjury declaration since March 1, 2021 | Certificate | No | Yes | Detailed guide |
| Alabama | Signed return | Title and badge | No | No | National matrix only |
| Alaska | Affidavit; no oath officer named | Written peace-officer proof | No in the rule | No | National matrix only |
| Delaware | Verified return | Verification not required | No | No | National matrix only |
| District of Columbia | Affidavit under oath; officer not named | Marshal pattern | No officer named | No | National matrix only |
| Georgia | Affidavit; publisher page not opened | Affidavit or certificate | Not confirmed on the official code page | No | National matrix only |
| Hawaii | Affidavit for a special appointment | Appointment path | No | No | National matrix only |
| Idaho | Affidavit; no oath officer named | Certificate | No | No | National matrix only |
| Indiana | Signed return | Same signed return | No | No | National matrix only |
| Iowa | Affidavit; no oath officer named | Named officers may return unsworn | No | No | National matrix only |
| Kansas | Affidavit or 53-601 declaration | Perjury-penalty statement | No if the declaration is used | Yes | National matrix only |
| Kentucky | Form has no jurat; rule text not opened | Dated signature and title | Unclear until CR 4.03 is opened | Not confirmed | National matrix only |
| Louisiana | Proved like any other fact | Signed sheriff return | No | No | National matrix only |
| Maine | Affidavit; no oath officer named | Authorized person excepted | No | No | National matrix only |
| Mississippi | Affidavit; no oath officer named | Sheriff excepted | No | No | National matrix only |
| Montana | Affidavit; no oath officer named | Certificate | No | No | National matrix only |
| Nebraska | Affidavit; bond filed with the clerk | Not the private-server statute | No | No | National matrix only |
| New Hampshire | Form not named in Rule 4 | Form not named | Unclear | No | National matrix only |
| New Jersey | Deferred: form has both a declaration and a jurat | Sheriff or court appointee treated differently in the 2010 reprint | Form-specific; current rule text not opened | Printed on the 2002 form | National matrix only |
| Ohio | Endorsement on the process | Same endorsement | No on the endorsement | No | National matrix only |
| Oklahoma | Licensed-server affidavit | Sheriff or deputy excepted | No | No | National matrix only |
| Rhode Island | Affidavit; no oath officer named | Authorized officer excepted | No on the summons rule | No | National matrix only |
| South Dakota | Affidavit; live viewer did not render | Sheriff or constable certificate | No in the text that was read | No | National matrix only |
| Tennessee | Personal proof is not called an affidavit; mail proof is | Same personal-service proof | No | No | National matrix only |
| Vermont | Non-sheriff sentence not opened | Signed return, no jurat | No on the sheriff form | No | National matrix only |
| Wisconsin | Challenged-service affidavit | Sheriff or deputy certificate | No | No | National matrix only |
| Wyoming | Affidavit, including a special deputy | Sheriff certificate | No on the affidavit sentence | No | National matrix only |
The court decides whether the return is accepted
Notarization is not a ruling on valid service. iRemoteNotary does not serve process, does not decide legal sufficiency, and does not file the return.
Session cost
A domestic session with one signer and one notarization is $25. Each additional notarization is $15. An additional signer is $10. A witness is $15. An international session coordination fee of $25 applies when a signer is outside the United States. An international session commonly starts at $50 for one signer and one notarization. The table is on professional affidavit notary services.
Company workflow
Process-serving company, investigation agency, law firm, or legal-support team? Contact iRemoteNotary about a repeat online-notarization workflow for your organization.
Frequently asked questions
What is the difference between verification, notarization, and a perjury declaration?
Verification follows the return's own method. Notarization completes a printed notarial certificate. A perjury declaration is signed without that certificate.
What does California POS-040 show?
POS-040, Rev. January 1, 2020, is a declaration under penalty of perjury. That is not a statement that California never uses a notary.
What does Texas Rule 107 say about a private server's return?
The return may be verified or signed under penalty of perjury. Use the declaration printed on the return.
Do Maryland affidavit-of-service forms always include a notary?
No. The help page describes a sworn affidavit. Family forms CC-DR-055 and CC-DR-056, Rev. 04/2021, use a perjury affirmation and do not show a notary certificate.
How do I tell what my form needs?
Read the signature block for a notary venue or for penalty-of-perjury language. If both appear, send the page.
Can the server appear from outside the United States?
Yes, when the commissioning state's online-notary rules allow the appearance. The recipient still decides acceptance.
Does a completed notarization mean the court must accept the return?
No. The court decides acceptance. iRemoteNotary does not serve process.
Sources and Official References
The following primary sources support the legal and procedural information in this guide. Requirements can change, so confirm current rules with the receiving organization before relying on a notarized document.
Florida Statutes Chapter 117, Part II(opens in a new tab)
Florida Legislature
Accessed October 5, 2026
New York Senate
Accessed October 7, 2026
New York Senate
Accessed October 7, 2026
POS-040, Rev. January 1, 2020(opens in a new tab)
California Judicial Council
Accessed October 5, 2026
Service of process help(opens in a new tab)
Maryland Courts
Accessed October 5, 2026
Send the unsigned return
Not sure whether your exact document contains a notarial section? Send the unsigned document for review before scheduling.