When a party cannot be served in person, the affidavit of attempted service is the evidence the court needs to allow another way. This guide covers family cases under the Provincial Court Family Rules. Supreme Court and Small Claims files use different procedures.
When the court can allow another way to serve
Under Rule 182, if it is not practicable to serve a document under the rules, a party can apply for an order that it be served by a peace officer or by an alternative method, if the court is satisfied that the person to be served:
- cannot be found after a diligent search,
- is evading service of the document, or
- is temporarily outside British Columbia.
Common alternative methods include posting the documents on the door of the residence, leaving them with a relative or other adult, mail, email, text message, or a message to a social media account.
Form 10 or Form 11
- Form 11, Application for Case Management Order Without Notice or Attendance. Decided on the paperwork, without notice to the other party and without a court appearance (Rule 65). The court can approve the order, ask for more information, require notice, or refuse it. The Province's guidebook recommends this form for an alternative service order, and it is usually the practical choice when the person cannot be found.
- Form 10, Application for Case Management Order. With notice: the application and supporting evidence are filed and served on the other party at least 7 days before a court appearance (Rule 64), and there is a court appearance unless everyone consents in writing (Rule 83). It suits a party you can still reach some other way, for example by text or email, who will not accept the documents.
What to gather first
- The court file number and registry, from the filed documents.
- Each document that still needs to be served, with its filing date.
- The sworn affidavit of attempted service. In Provincial Court family cases affidavits are made in Affidavit – General, Form 45 (Rule 171), and the Province's guidebook says a process server's affidavit should use it. Tell us the file is a Provincial Court family file and we will prepare it on Form 45.
- What you know about where to find the person (addresses, email, cell number, social media accounts, people in touch with them), how you know it, and when you last confirmed it.
- Evidence that your chosen method will reach them, such as a recent reply to a text or email.
- One method to ask for. Form 11 asks you to choose only one.
Filling in Form 10
- Top of page 1: registry location and court file number. Leave the document number and court stamp for the registry.
- Part 1: your full name and date of birth, the other party's full name exactly as on the filed application, and anyone else directly affected (usually blank).
- Part 2: whether the case involves a child-related issue, and each child's name and date of birth if it does.
- Part 3: tick to confirm you understand the 7-day notice requirement.
- Part 4: tick “Waiving or modifying any requirement related to service or giving notice to a person, including allowing an alternative method for the service of a document.” Add a time-limit waiver or an adjournment if a deadline has passed or a court date is close.
- Part 5: the exact order you want: who is served, which documents, by what method, and when service is complete. Rule 182(2) requires the order, the application and the supporting documents to be served with the documents, so include that.
- Part 6: the facts. Refer to the affidavit of attempted service by the server's name and date, say why you believe the person cannot be found, is evading service or is out of the province, and why your method will reach them.
- Part 7: usually “I do not have the consent of each party.”
- Part 8: the availability option that is true.
- Part 9: leave blank for the registry.
- Part 10: usually the registry where the existing case is.
- Part 11: your address for service, email and telephone, and your lawyer if you have one.
Using Form 11 instead
Complete the main form, then Schedule 2. In Part 1 of the schedule tick “Allow service of a document using an alternative method,” and in Part 4 give the person and documents, the reason and the efforts made (summarise the affidavit), what you know about the person's whereabouts and contacts, the one method you are asking for, and why it will bring the documents to their attention.
After the order
Serve the documents exactly as the order says, with a copy of the order, the application and the supporting documents. If the court orders notice by advertisement, it is in Form 47 and the applicant pays for it. Service is usually proved by filing a Certificate of Service, Form 7, with a copy of the documents attached (Rule 183). If the person cannot be found at all, see when the defendant is avoiding service.
We can carry out the alternative service the order allows and complete the proof of service. Send us the order with the documents.
Forms and guidebooks
- Form 10, Application for Case Management Order and its guidebook
- Form 11, Application for Case Management Order Without Notice or Attendance and its guidebook
- Form 45, Affidavit – General · Form 7, Certificate of Service
- Provincial Court Family Rules: Rules 62 to 65, 171, 182 and 183
Questions
How do I ask the court to allow alternative service in a BC Provincial Court family case?
Apply for a case management order under Rule 182, usually on Form 11 (without notice or attendance), or on Form 10 with notice and a court appearance. Support it with the process server's affidavit of attempted service on Form 45.
Do I need Form 10 or Form 11 for alternative service?
Form 11 is decided on the paperwork without notice to the other party, and the Province's guidebook recommends it for this order. Form 10 requires serving the other party at least 7 days before a court appearance, so it suits a party you can still reach.
What form is a process server's affidavit in a Provincial Court family case?
Affidavit – General, Form 45, under Rule 171 of the Provincial Court Family Rules.
Okanagan Process Servers is a process serving company, not a law firm, and does not give legal or procedural advice. This guide restates publicly available information from the sources on the references page. Rules, forms and time limits change; confirm the current requirement with the registry, the Residential Tenancy Branch or your lawyer.