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The Civil Proceedings Rules, 1998

Part 6

Service of other documents

Contents of this Part

Who is to serve documents other than the claim form Rule 6.1
Method of service Rule 6.2
Address for serving such documents Rule 6.3
Address for serving documents where no address for service is given Rule 6.4
Service of documents on a non-party Rule 6.5
Deemed date of service by post Rule 6.6
Power of Court to dispense with service Rule 6.7
Service of Notices, etc.on the Attorney General Rule 6.8

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Who is to serve documents other than the claim form

6.1 (1) Any order must be served by the court, unless -

(a) a rule provides that a party must serve the document in question; or

(b) the court orders otherwise.

(2) Any other document must be served by a party, unless

(a) these Rules provide; or

(b) the court orders otherwise.

Method of Service

6.2 Where these rules require a document other than a claim form to be served on any person it may be served by any of the following methods -

(a) personal service in accordance with rule 5.3; or

(b) prepaid post; or

(c) delivery; or

(d) facsimile transmission; or

(e) other means of electronic communication if this is permitted by a relevant practice direction,

unless the court orders otherwise.

Address for serving such documents

6.3 (1) If a party has given an address at which documents for him may be served, the documents must be delivered or posted to him at that address.

(2) If the party has given a facsimile transmission number in his address for service the documents may be sent by facsimile transmission to that number.

(3) If a party to be served has not given an address at which documents for him may be served, documents must be served at the address indicated in Rule 6.4.

Address for serving documents where no address for service is given

6.4 (1) Where no address if given for service the document must be served by leaving it, sending it by facsimile transmission or posting it at or to -

(a) the business address of any attorney who purports to act for him in the proceedings; or

(b) in the case of an individual, his usual or last known place of residence; or

(c) in the case of a proprietor of a business, either

(i) his usual or last known place of residence; or

(ii) his place of business or last known place of business.

(d) in the case of a firm or partnership, either

(i) the principal or last known address of the firm or partnership or any place where the firm or partnership carries on business and which has a real connection with the claim; or

(ii) the usual or last known place of residence of one of the partners.

(2) The provisions of Part 5 may be applied to such a document as if it was a claim form.

Service of documents on a non-party

6.5 If the court or a party is to serve documents on a person who is not a party such documents must be served by one of the methods specified in Part 5.

Deemed date for service by post

6.6 Any document served by pre paid post under this Part shall be deemed to be served on the fourteenth day after posting.

Power of Court to dispense with service

6.7 (1) The Court may dispense with service of a document if it is appropriate to do so.

(2) An application for an order to dispense with service may be made without notice.

Service of Notices etc., on the Attorney General

6.8 (1) This rule applies where any document has to be served on the Attorney General in connection with any proceedings of which notice has to be given to the Attorney General and no express provision as to service is made by any enactment or Rule.

(2) Any such document must be served in accordance with rule 58.3.

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