Order 41

Service Of Documents In Civil Proceedings - Service Of Documents In The State : S.I. No. 17 Of 2014

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S.I. No. 17 of 2014 - provisions overview


1 Definitions

1. In this Order - a “document” means a “District Court document” within the meaning of section 7(1) of the Courts Act 1964.

 

2 Persons authorised to serve documents

2. (1) In civil proceedings, a document may be served by:

(a) a summons-server standing assigned to the Court area concerned; or

(b) any person authorised to do so by the party or person on whose behalf the document is served,

unless these Rules or statute otherwise provide or unless the Court otherwise directs.

(2) The fee to be paid to a summons-server for the service of any document is the sum as determined by the County Registrar from time to time, payable on proof of each separate service effected. Where the fee to be paid for the service of any document is for the time being prescribed by rule of court or otherwise, the fee becomes payable on proof of each separate service effected.

 

3 Mode of service — registered post

3. (1) A document in proceedings to which section 7(1) of the Courts Act 1964 relates may, subject to and in accordance with the provisions of, section 7 of the Courts Act 1964, be served by sending a copy of the document by registered prepaid post in an envelope addressed to the person to be served at his or her last known residence or place of business in the State.

(2) The document may be posted by the person on whose behalf it purports to be issued or by a person authorised by him in that behalf.

 

4 Mode of service — personal service

4. Personal service of a document in accordance with the provisions of section 7 of the Courts Act 1964 must be effected on a person in the State:

(a) by delivering a copy of the document to the person to be served, or

(b) where it appears by evidence that the person to be served is personally within the jurisdiction and that due and reasonable diligence has been exercised in endeavouring to effect personal service on him or her, by leaving a copy of the document for the person to be served at his or her last or most usual place of residence, or at his or her office, shop, factory, home or place of business with:

(i) the husband or wife of the person to be served; or

(ii) the civil partner of the person to be served; or

(iii) a child or other relative of the person to be served, who apparently resides with the person to be served; or

(iv) a child or other relative of the husband, wife or civil partner of the person to be served, who apparently resides with the person to be served; or

(v) any agent or employee of the person to be served; or

(vi) the person in charge of the house or premises where the person to be served usually resides,

provided that the person with whom the copy is left:

(I) is not under the age of 16 years, and

(II) is not himself or herself the person beginning the civil proceedings.

 

5 Service on a company

5. (1) A document may be served on a company by leaving a copy of the document at or sending a copy of the document by post to the registered office of the company or, if the company has not given notice to the Registrar of Companies of the situation of its registered office, by registering the document at the office of the Registrar of Companies.

(2) For the purposes of this rule, any document left at or sent by post to the place for the time being recorded by the Registrar of Companies as the situation of the registered office of a company must be deemed to have been left at or sent by post to the registered office of the company notwithstanding that the situation of its registered office may have been changed.

 

6 Service on a local authority or an unincorporated body

6. A document may be served on a local authority, statutory board or body, or an unincorporated society or club by leaving a copy of the document with any employee of the authority, board, body, society or club at its principal office or by sending a copy of the document by prepaid registered post to its principal office.

 

7 Service on a partnership

7. (1) Where persons are sued as partners in the name of their firm, a copy of the document must be served either:

(a) on any one or more of the partners; or

(b) at the principal place within the State at which the business of the partnership is carried on, on any person having at the time of service the control or management of the partnership business there;

and such service must be deemed good service on the firm sued, whether any of the members of the partnership are outside the State or not.

(2) The permission of the Court is not necessary for the issue and service on a partnership of a claim notice or other originating document where one or more of the partners is in the State and one or more outside the State, provided that in the case of a partnership which has been dissolved to the knowledge of the claimant before the civil proceedings are begun, the claim notice or other originating document must be served on every person within the State sought to be made liable.

 

8 Service on a child

8. Where the person to be served is a child, a document is effectively served if served:

(a) on the father, mother or other guardian having actual custody of the child or with whom the child resides; or

(b) if the child has no father, mother or other guardian, on the person with whom the child resides or under whose care the child is; or

(c) on the child’s solicitor unless the Court otherwise decides.

 

9 Service on a ward of court or a person of unsound mind

9. Where the person to be served is a ward of court or a person of unsound mind not so found by inquisition, a document is effectively served if served:

(a) on the person’s solicitor; or

(b) on the committee of the ward of court; or

(c) on the guardian ad litem of the person to be served; or

(d) on the person with whom the person of unsound mind resides or under whose care he or she is,

unless the Court otherwise decides.

 

10 Service on a prisoner

10. Where the person to be served is a prisoner or a person detained in a place of detention under the order of any court or tribunal, service on the governor, director or other person in charge of the prison or place of detention is, unless the Court otherwise decides, good service on the prisoner or person detained.

 

11 Acceptance of service

11. (1) Service of a document must be deemed good service if the Court is satisfied that a solicitor acting on behalf of the person to be served has accepted service of the document.

(2) Service on the solicitor for a party may be effected:

(a) by delivering a copy of the document to the solicitor; or

(b) by leaving a copy of the document at the solicitor’s office; or

(c) by sending a copy of the document by post in an envelope to, the solicitor; or

(d) by sending a copy of the document to a document exchange service designated by that solicitor in accordance with sub-rule (3) through which that solicitor accepts documents.

(3) Delivery or service through a document exchange service under sub-rule (2):

(a) is effective provided that the solicitor concerned has confirmed in writing to the party serving the document or copy (or that party’s solicitor) that he or she will accept service of documents in the civil proceedings through the document exchange service designated by him or her;

(b) ceases to be effective where, prior to delivery or service, the solicitor concerned has in writing revoked such confirmation.

(4) Any statutory declaration verifying delivery or service through a document exchange service must exhibit the written confirmation referred to in sub-rule (3) and contain a statement that the confirmation had not, at the time of the delivery or service concerned, been revoked in accordance with this rule.

 

12 Substituted service

12. (1) Where the Court is satisfied that, for good cause shown, service of a document cannot be effected in a manner or in any manner prescribed by these Rules, the Court may make an order:

(a) for substituted or other service; or

(b) for the substitution for service of notice by advertisement or otherwise.

(2) Particulars of any order for substituted or other service must be endorsed on the original and on each copy of the document to be served.

(3) An application for an order for substituted or other service may be made ex parte.

(4) Where the Court is satisfied that any particular mode of service prescribed is at any time not then available, the Court may by order in writing direct that the service of documents or of any particular class of documents be effected in such other manner as it thinks proper.

(5) A direction under sub-rule (4) must be retained by the Clerk and remains in force until the mode of service concerned is again available or until the direction is revoked by the Court.

 

13 Service deemed good

13. The Court may, if it considers it just to do so, deem the service of any document actually effected in any civil proceedings to be good and effected service, even though the service was not effected in a manner prescribed by these Rules.

 

14 Proof of service

14. (1) A person who serves a document may prove the service:

(a) by evidence given orally before the Court; or

(b) by statutory declaration as to service made in accordance with the Statutory Declarations Act 1938.

(2) A statutory declaration as to service must be in the Form 41.01, 41.02 or 41.03, Schedule C, as the case may be.

(3) When service of a document on a person has been effected by registered prepaid post, a statutory declaration of service, which must be in the Form 41.01, Schedule C must be made not earlier than ten days after the day on which the envelope containing the copy of the document for service was posted.

(4) A statutory declaration of service by registered post must:

(a) be made by the person who posted the envelope; and

(b) exhibit the certificate of posting; and

(c) state, where appropriate, that the original document was duly stamped at the time of posting, and

(d) state that the envelope has not been returned undelivered to the sender.

 

15 Person proving service by statutory declaration need not attend Court

15. Where a statutory declaration is made, and filed with the Clerk under rule 19:

(a) the statutory declaration is prima facie evidence of the mode, time and place of service as set out in the statutory declaration; and

(b) it is not necessary for the person who effected service to attend in person at the Court to prove service on oral evidence,

but the Court may, if it considers it necessary, require the person who effected service to attend before it and give evidence concerning the service notwithstanding the making of a statutory declaration.

 

16 Deemed time of service

16. Where service of a document is effected by registered prepaid post or by ordinary prepaid post, the document must be deemed to be served on the person to whom it was directed at the time at which the envelope containing the copy of the document for service would be delivered in the ordinary course of post.

 

17 Service invalid unless document stamped, where required

17. Where a document is required by law to be stamped (or payment of a Court fee on the document otherwise recorded), service of the document has no effect or validity unless, at the time of service, the original document was so stamped (or payment of the appropriate Court fee on the document otherwise recorded).

 

18 Time for service before hearing

18. Save where otherwise provided by another enactment or by these Rules, a document which must be served before a hearing in the Court must be served at least seven days or, in the case of service by registered prepaid post, at least 21 days, before the date fixed for the hearing concerned.

 

19 Time for filing before hearing

19. Subject to any order or direction of the Court, a document which must be filed with the Clerk before a hearing in the Court, including any statutory declaration of service, must be filed at least four days or, in the case of filing by prepaid post, at least seven days, before the date fixed for the hearing concerned.

 

20 Service under Civil Liability and Courts Act 2004

20. The delivery or service of any notice for the purposes of section 8 or section 17 of the Civil Liability and Courts Act 2004 must be in the manner prescribed in section 4 of that Act.