Rules of the Superior CourtsService of documents
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No121-S.I. No. 14 Of 1989: Rules Of The Superior Courts (No. 1), 1989.
No121-S.I. No. 101 Of 1994: Rules Of The Superior Courts (No. 3), 1994.
No121-S.I. No. 248 Of 2005: Rules Of The Superior Courts (Personal Injuries) 2005
No121-S.I. No. 506 Of 2005: Rules Of The Superior Courts (Jurisdiction, Recognition, Enforcement And Service Of Proceedings) 2005
No121-S.I. No. 15 Of 2012: Rules Of The Superior Courts (Service) 2012
No121-S.I. No. 148 Of 2016: Rules Of The Superior Courts (Service Of Documents) 2016
1. In this Order, unless repugnant to the context, "document" includes a pleading, notice, affidavit or order.
2. The delivery or service of any document under these Rules, for which personal service is not required, shall be effected by leaving the document or a copy thereof (as may be appropriate) at, or sending the document or a copy thereof (as may be appropriate) by registered prepaid post to, the residence or place of business in the State of the person to be served or the place of business in the State of the solicitor (if any) acting for him in the proceedings to which the document relates.
3. The delivery or service by post of any document, which is authorised to be delivered or served by post, shall be deemed to have been served at the time at which it would be delivered in the ordinary course of post.
4. Any document to be served or delivered under these Rules shall contain the name and registered place of business of the solicitor for the party serving the same and also the named and registered place of business of the solicitor to be served or, in the case of a party who does not act by a solicitor, the name and address for service of such person.
5. Where no appearance has been entered for a party, or where a party or his solicitor, as the case may be, has omitted to give an address for service as required by Order 4 and Order 12, any document which has not to be served personally and for which no other mode of service is directed, may be served by filing the same in the Central Office.
6. Where personal service of any document is required by these Rules or otherwise, service shall be effected as nearly as may be in the manner prescribed for the personal service of an originating summons.
7. Where personal service of any document is required by these Rules or otherwise and it appears to the Court that prompt personal service cannot be effected, the Court may make an order for substituted or other service, or for the substitution for service of notice by letter, advertisement or otherwise.
8. When a party, who has sued or appeared in person, has by a solicitor given notice in writing to the opposite party that such solicitor is authorised to act in the case or matter on his behalf, any document which has thereafter to be delivered to or served upon such first mentioned party may be delivered to or served upon such solicitor, except where personal service is required.
9. When in any civil or commercial matter pending before a court or tribunal of a foreign country a letter of request from such court or tribunal for service on any person in Ireland of any process or citation in such matter is transmitted to the Master by the Minister for Foreign Affairs, with an intimation that it is desirable that effect should be given to the same, the following procedure shall be adopted:-
(1) The letter of request for service shall be accompanied by a translation thereof in the English language, and by two copies of the process or citation to be served, and two copies thereof in the English language.
(2) Service of the process or citation shall be effected in accordance with the practice and procedure of the Court, by the solicitor for the person suing out the process or citation, or, in the event of there being no such solicitor, by the Chief State Solicitor.
(3) Such service shall be effected by delivering to and leaving with the person to be served one copy of the process to be served, and one copy of the translation thereof, in accordance with the rules and practice of the Court.
(4) After service has been effected the process server shall return to the Master one copy of the process, together with the evidence of service by affidavit of the person effecting the service verified by notarial certificate and particulars of charges for the cost of effecting such service.
(5) Particulars of charges for the cost of effecting service shall be submitted by the solicitor aforesaid to the Taxing Master who shall certify the correctness of the charges, or such other amount as shall be properly payable for the cost of effecting service. A copy of such charges and certificate shall be forwarded to the Minister for Finance by the Master.
(6) The Master shall transmit to the Minister for Foreign Affairs the letter of request for service received from the foreign country, together with the evidence of service, and a copy of the charges and the Taxing Master's certificate, duly certified for use out of the jurisdiction. Such certificate shall be in the Form No. 3 in Appendix D, Part III.
(7) Upon the application of the Chief State Solicitor with the consent of the Minister for Finance, the Court may make all such orders for substituted service or otherwise as may be necessary to give effect to this rule.