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Rules of the Superior Courts

Amendment to: Order 9
S.I. No. 475 of 2017: Rules of the Superior Courts (Service) 2017


1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Service) 2017, shall come into operation on 27 November 2017.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2017.

2. The Rules of the Superior Courts are amended:

....

      (ii) by the substitution for rule 2 of Order 9 of the following rule:

        “2. (1) Service of any summons on the defendant shall, except in the cases in the following rules of this Order specified, be effected:
              (i) by personal service upon the person to be served, or

              (ii) by personal service upon another person referred to in sub-rule (2) on behalf of the person to be served, or

              (iii) by the sending of a copy of the summons by registered prepaid post in an envelope addressed to the person to be served at his last known residence or place of business in the State, or at an address in the State for service provided by the person to be served, provided that such service shall not be deemed effective without proof of delivery of the said envelope to the address of the person to be served, or

              (iv) where the defendant is a company, in accordance with section 51 of the Companies Act 2014.

        (2) Where it shall appear by affidavit that the defendant is personally within the jurisdiction and that due and reasonable diligence has been exercised in endeavouring to effect personal service on him or her, service of the summons may be effected by delivering a copy thereof at
            (a) the defendant's usual or last known place of residence within the jurisdiction, or

            (b) the defendant's principal or last known place of business or office,

        to the wife, husband, civil partner (within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) father, mother, brother, or sister of the defendant, or to any employee of the defendant (the person to whom such copy shall be delivered being of the age of sixteen years or upwards)

        and showing to such person the original or duplicate original of such summons.”


      (iii) by the substitution for rule 12 of Order 9 of the following rule:

        “12. (1) The person serving a summons shall, within three days at most after service, indorse on the summons the day and date of the service thereof; and every affidavit of service of such summons shall mention the date on which such indorsement was made.

        (1A) An Indorsement of service by prepaid registered post shall be in the following terms:

            “INDORSEMENT OF SERVICE

            I served the within summons on [person to be served] by posting the same by prepaid

            registered post to [him] [her] at [address] on the ... day of ........ 20...”

            Signed ................

            This ... day of ........ 20..”

        (2) Every affidavit of service of a summons by prepaid registered post shall exhibit proof of delivery of the envelope in which a copy of the summons is contained to the address of the person to be served.”;

      (iv) by the substitution for rule 16 of Order 9 of the following rule:

        “16. This Order shall, so far as practicable, apply to an originating document and to notice in lieu of service, save where any other Order of these Rules requires personal service of such document or notice.”
....