Affidavit Of Non Service Template for the United Arab Emirates

When you cannot successfully serve legal documents to a party in the United Arab Emirates, you need an Affidavit Of Non Service to formally document your unsuccessful attempts. This sworn legal statement serves as crucial evidence for UAE courts that you made reasonable and diligent efforts to serve papers as required by law. The document must detail every service attempt, including specific dates, times, locations, and reasons why service could not be completed.

When do you need this document?

You require this affidavit in civil proceedings, commercial disputes, family law matters, and other legal cases where formal service is mandatory but cannot be completed. Common situations include when the intended recipient has moved without leaving a forwarding address, refuses to accept service, cannot be located at their registered address, or when their business premises are closed or abandoned. The document is also necessary when serving corporate entities that have ceased operations or individuals who are avoiding service. Courts will not proceed with many legal matters until proper service is documented or non-service is formally declared through this affidavit.

Key legal considerations

Your affidavit must include comprehensive details about each service attempt, including the full identification of the person making the declaration and their authority to serve documents. The document should specify the exact legal papers that were to be served, complete party details, and a chronological account of all service attempts with specific reasons for failure. You must ensure the affidavit is properly notarized by an authorized notary public and includes any required attestations. The person making the affidavit must have personal knowledge of the service attempts and be legally qualified to serve process. Any false statements in the affidavit can result in serious legal consequences, including perjury charges.

Legal requirements in United Arab Emirates

Under UAE Federal Law No. 11 of 1992, specifically Articles 8 and 9, you must follow prescribed procedures for document service and demonstrate reasonable efforts when service fails. The affidavit must comply with UAE Federal Law No. 4 of 2013 regarding notarization requirements and UAE Federal Law No. 10 of 1992 concerning evidence standards. You must ensure proper Arabic translation if the original documents are in another language, and the affidavit may require attestation by the UAE Ministry of Justice depending on the case type. UAE Cabinet Resolution No. 57 of 2018 provides additional procedural requirements for service attempts that must be documented in your affidavit. The document must be filed within specific timeframes as determined by the court, and you may need to demonstrate alternative service methods were attempted before non-service can be declared.