Form 48: Affidavit of Personal Service
Form 48 lets the person who personally served a summons or subpoena swear to the court when, where and on whom service occurred.
Under Rule 183(2)(a), Form 48 is the usual affidavit for proving personal service of a summons or subpoena. It is completed by the server, not by a party who merely asked for service. For most other documents, Rule 183(1) generally uses Form 7.
Which documents call for Form 48?
A summons or subpoena generally must be personally served by an adult who is not a party under Rule 177. Rule 183(2)(a) allows personal service of that summons or subpoena to be proved by a Form 48 affidavit. Do not confuse it with Form 7, Certificate of Service (generally used for other documents) or Form 49 for protection-order service.
How to complete the affidavit
- Confirm you were the adult who actually delivered the summons or subpoena to the correct person, using the method required by the rules or an relevant court order.
- Record the precise date, time and place of service promptly, while details are fresh.
- Enter the Provincial Court registry, court file number, case parties and the name of the person served exactly as they appear in the served document.
- Describe how you identified the recipient, and attach the served document as required by the official form.
- Review the affidavit for accuracy, then swear or affirm it before a person authorized to administer oaths. Do not falsely swear an affidavit or sign it as already sworn.
- Provide the completed affidavit for filing in the same court case; keep a copy.
How early must a summons be served?
Unless the court orders otherwise, Rule 178 says a summons must be served at least seven days before the stated appearance date. A subpoena or a particular proceeding may involve other timing requirements; check the actual document, the relevant rule and court directions. The affidavit proves what happened and does not cure late or invalid service.
What if the server cannot reach the person?
Do not complete Form 48 to describe service that never happened. Ask about another attempt or the court-authorized alternative-service process under Rule 182. Rule 183(2)(a) provides the Form 48 affidavit method for a summons or subpoena, but Rule 184 allows a court to accept sworn or affirmed oral evidence instead, and Rule 185 preserves other appropriate service evidence. These alternatives depend on what the court accepts; they do not make missing or invalid service automatically valid.
Practical example
An independent adult hands a subpoena to the named witness and records the date, time, location and how identity was established. The server completes and swears Form 48 and provides it to be filed before the relevant appearance.
Common mistakes
- Having the person who did not serve the document sign the affidavit.
- Using a certificate for a summons or subpoena without checking Rule 183(2).
- Forgetting supporting served-document copies or essential service details.
- Assuming an affidavit replaces the duty to serve on time.
Official sources
- BC government Form 48 (PDF)
- BC Provincial Court Family Rules — Rule 183
- BC government Provincial Court family forms library
Primary-source review: October 13, 2026. Limited to the form and stated procedural requirements, not a certification of every circumstance or future amendment.