An Affidavit of Non Service is a crucial legal document required when attempts to serve court documents on a party have been unsuccessful. This document type is commonly used in New Zealand legal proceedings across various jurisdictions, including both the High Court and District Court. The affidavit must be sworn or affirmed before an authorized person (such as a Justice of the Peace or lawyer) and should contain comprehensive details about all attempts made to serve the documents, including dates, times, locations visited, and reasons why service could not be completed. It is particularly important as it provides the court with evidence that reasonable attempts at service were made, which may be necessary for obtaining orders for substituted service or proceeding with legal action in the absence of personal service. The document must comply with relevant New Zealand legislation, including the High Court Rules 2016 or District Court Rules 2014, and the Oaths and Declarations Act 1957.
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1. Title and Court Details: Identifies the court, parties involved, and type of affidavit
2. Deponent Details: Full name, occupation, and address of the person making the affidavit
3. Document Details: Description of the document(s) that were to be served
4. Service Attempts: Detailed chronological account of each attempt to serve the documents, including dates, times, and locations
5. Reasons for Non-Service: Explanation of why service could not be completed
6. Method of Service Attempted: Description of the methods used to attempt service
7. Verification Statement: Standard statement confirming the truth of the contents
8. Execution Block: Space for signature, date, and witness details
1. Additional Research Conducted: Details of any investigations or research done to locate the person, used when extensive efforts were made to find the person
2. Alternative Addresses Visited: List of other addresses checked when multiple locations were attempted, used when there were multiple possible service locations
3. Electronic Service Attempts: Details of any attempts to serve electronically, used when electronic service was attempted
4. Third Party Communications: Information about communications with other people regarding the whereabouts of the person to be served, used when relevant conversations occurred
1. Photographs: Photographs of locations visited or evidence of attempts to serve, if applicable
2. Copy of Documents: Copies of the documents that were to be served
3. Service Attempt Log: Detailed log showing all attempts, including dates, times, and outcomes
4. Maps or Location Details: Maps or location details showing where service was attempted, if relevant to proving attempts
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